RAPID  TKANSIT  ACT  OF  1891 


WITH 

Amendments  and  Index. 


Laws  1891,  Chapter  4  ;  as  amended  by  Laws  1892, 
Chapter  102 ;  and  by  Laws  1892,  Chapter  556 ; 
and  by  Laws  1894,  Chapter  528 ;  and  by  Laws 
1894,  Chapter  752 ;  and  by  Laws  1895,  Chapter  519. 


PRINTED  FOR  THE 


Board  of  Rapid  Transit  Railroad  Commissioners  of 
the  Citji  of  Netv  York. 


PARSONS,  SHEPARD  &  OGDEN, 

111  Broadway.  New  York, 

TRACY,  BOARDMAN  &  PL  ATT. 

88  Wall  Street,  New  York. 

Attorney.*, 


i£x  Htbrts 


SEYMOUR  DURST 


When  you  leave,  please  leave  this  book 

Because  it  has  been  said 
"Ever  thing  comes  t'  him  who  waits 

Except  a  loaned  book." 


Avery  Architectural  and  Fine  Arts  Library 
Gift  of  Seymour  B.  Durst  Old  York  Library 


INDEX. 


Note. — The  term  "board'',  unless  otherwise  specified,  will  be  under- 
stood throughout  to  mean  "board  of  rapid  transit  railroad  commissioners.''' 


Section.  Page. 

Act,  rapid  transit, 

acts  inconsistent  with,  repealed    66  58 

amendment  of,  of  1894.  when  to  take  effect.  ...  14  61 

construction  of   64  57 

effect  of  on  act  relating  to  Indian  lands   24  22 

to  take  effect  when   67  59 

(For  other  acts,  see  Laws.) 

Actions 

underact,  by  board  in  name  of  city   '•,  o4  12,  38 

against  corporations  by  laborers,  limitation  to.  .  18,  22  80,  212 

for  forfeiture  of  railroad  rights   7  10 

by  owners   53  51 

condition  to   47  48 

Adjournment,  see  Board. 

Administrators 

not  individually  liable   21  21 

Allotment  of  shares,  see  Corporations. 

Amendments  in  special  proceedings 

to  be  under  direction  of  Supreme  Court  ...  ...  SO  66 

Appeals     58  54 

Appellant  from  appraisal 

entitled  to  three  copies  of  evidence   M  54 

Appellate  Division  of  Supreme  Court 

included  in  words  "  General  Term  n   59  55 

Applications 

for  appointment  of  commissioners  of  appraisa'. .  4:i  45 

notice  of   44  46 

petition  on  ....... .  43  45 

of  commissioners   on  connec- 

ti<  n-  and  extensions   tt  25* 


i  m. 

ii  INDEX. 

Applications,  continued,  for  appointment,  continued.  Section.  Page. 
of  commissioners  on  construc- 
tion  5  6 

of  new  commissioners  of  .ap- 
praisal   48  48 

for  appropriations  for  board   10  14 

for  confirmation  of  report  of  commissioners  of 

appraisal   52  50 

to  fill  vacancies  in  commissioners  of  appraisal. .  48  48 

by  owners  for  compensation   53  51 

Appraisal,  see  Commissioners  of  appraisal. 

Appropriations 

for  board   10  13 

Approval- 

of  board  to  articles  of  association   11  15 

to  by-laws  of  corporation   13  IT 

to  change  in  amount  of  capital  stock . .  20  20 

to  changes  in  plans  and  specifications..  14  18 

to  engineer   7  9 

to  maps  or  plans  and  memoranda   40  44 

to  temporary  tramways   33  30 

of  directors  to  changes  in  plans  and  specifica- 
tions  14  18 

of  stockholders  to  change  in  amount  of  capita i 

stock   20  20 

Articles  of  association,  see  Corporations. 

Auction,  see  Sale. 

Auditor,  see  Comptroller. 

Avenues,  see  Streets. 

Badges, 

must  be  worn  by  servants  of  corporation   25  24 

Bids  for  right  to  construct  antd  operate  rail- 
road    7  9-11 

Bidders,  successful, 

entitled  to  preference  in  allotment  of  shares  of 

capital  stock  of  corporation   11  16 

to  repay  expenses  of  sale   10  14 

Beneficial  owners  of  stock, 

liability  of    21  21 

Board  of  estimate  and  apportionment, 

appropriations  by,  for  board  of  rapid  transit 

railroad  commissioners   10  13 

direction  by,  of  the  issue  of  municipal  bonds. . .  37  39 


indkx.  iii 
Section.  Page. 

Board  of  rapid  transit  railroad  commissioners, 

appropriations  for   10  13 

certificates  of.  see  Certificates. 

cities  of  over  1.000,000  inhabitants  to  have   1  1 

duties  of,  to  adopt  a  seal   3  2 

to  keep  a  record    3  2 

to  determine  necessity  for  railroad..  4  3 

to  determine  route  and  general  plan 

of  construction    4  3 

to  transmit  to  common  council  copy 
of    plans    and    conclusions  as 

adopted   5  5 

to  obtain  consents  to  construction  of 

railroad   6  6 

to  prepare  plans  and  specifications.  . .  6  7 

to  sell  at  auction  the  right  to  construct 

and  operate  railroad   7  9 

to  appoint  engineer   7  9 

to  certify  that  bids  are  void    7  10 

to  resell  forfeited  rights   7  10 

to  resell  railroad  rights  at  end  of  term  8  12 

to  collect  subscj  iptions  to  capital  stock 

of  corporations   11  15 

to  call  meeting  of  subscribers   11  16 

to  appoint  inspectors  of  first  election 

for  directors    12  16 

to  certify  approval  of  corporate  by- 
laws  13  17 

to  determine  plans  for  connections 

and  extensions  of  route   32  27 

to  certify  action  with  respect  to  con- 
nections and  extensions  of  route.  ■  32  27 
to  regulate  rental  for  connections  and 

extensions  of  route  - .  32  27 

in  case  of  vote  for  municipal  construc- 
tion of  railroad  '.   34  31 

to  contract  on  part  of  city  for  con- 
struction of  railroad   34  31 

to  advertise  for  and  open  proposals 

for  contracts   36  38 

to  make  maps  or  plans   40  43 

not  to  impair  acquired  rights   40  -14 

not  to  revive  extinguished  rights....  40  11 

to  cert  it  v  approval  of  maps  Of  plans 

and  memoranda   4i>  44 

to  provide  for  vote  <m  municipal  con- 
struction of  railroad,  sec.   p>  of 

am.  of  1^94    60 


iv 


INDEX. 


Board  of  rapid  transit  railroad  commissioners, 


continued,  duties  of,  continued.  Section.  Page. 

to  file  statement  of  result  of  vote  on 
municipal  construction,  sec.  12  of 

am.  of  1894   61 

to  begin  municipal  construction  when, 

sec.  13  of  am.  of  1894   61 

expenses  of,  to  be  repaid  by  successful  bidders. .  10  14 
majority  of,  signatures  of,  necessary  to  petition 
for  appointment  of  commissioners  of  ap- 
praisal  43  45 

meetings  of,  adjournment  of   3  2 

members  of,  who  shall  be   1  1 

how  styled    1  2 

organization  of     3  2 

powers  of,  in  general    1  2 

to  adopt  by-laws  and  regulations ...  3  2 

to  determine  necessity  for  railroad. .  4  2 

to  locate  route  how   4  3 

to  apply  for  appointment  of  com- 
sioners  on  construction  of  rail- 
road   5  6 

to  include  in  plans  and  specifica- 
tions provisions  for  subways. . .  6  7 
to  alter  plans  and  specifications 

how   6  8 

to  prescribe  terms  of  sale   7  9 

to  declare  bids  void   7  9 

to  reserve  power  to  extend  time  for 

construction   7  10 

to  reject  bids  when   7  11 

to  read vertise  rights  for  sale   7  11 

to  secure  compensation  to  extinct 

corpoiation   8  12 

to  provide  offices                       ...  9  12 

to  sue  in  name  of  city   9  IS 

to  compel  specific  performance   9  12 

to  apply  by  mandamus   9  12 

to  apply  for  appropriations   10  13 

to  authorize  changes  in  plans  and 

specifications              . .    14  18 

to  approve  changes  in  amount  of 

capital  stock  of  corporation. ...  20  80 
to  determine  and  authorize  connec- 
tions and  extensions  of  route  .  32  26-7 
to  fix  compensation  to  city  for  con- 
nections and  extensions   32  27 

to  enforce  and  modify  municipal 

contracts   32  29 


[NDEX. 


V 


Board  of  rapid  transit  railroad  commissionkrs, 


continued,  powers  of ,  continued.  Section.  Page. 

to  remove  temporary  tramways   33  80 

to  make  single  or  separate  contracts 
for  municipal  construction  of 

railroad   34  32 

to  release  lien  on  railroad  property* ,  34  36 
to  permit  assignment  of  contracts.  .  34  37 
to  reject  and  readverti&e  for  pro- 
posals  36  38 

to  require  issue  of  municipal  bonds  37  39 

to  modify  municipal  contracts   38  40 

to  acquire  property  for  railroad ....  39  43 

to  enter  on  lands  to  make  surveys. .  40  43 
to  cause  to  be  made  triplicate  sets 

of  maps,  etc   40  44 

to  modify  maps,  etc   40  44 

to  cause  corporation  counsel  to  pro- 
ceed to  acquire  property   41  45 

to  take  possession  of  property   47  47 

to  regulate  operation  of  railroad ...  63  57 

to  construct  railroad,  how   64  58 

not  to  be  prevented  from  construct- 
ing railroad   64  58 

quorum  of   3  2 

vacancies  in,  how  tilled   1  2 

votes  of,  see  Votes. 

Bonds, 

of  city   37  39 

of  party  contracting  with  city  for  construction 

and  operation  of  railroad   34  35 

revenue,  of  city     10,  11        14,  59 

Books 

of  corporation  to  be  produced  at  election  of  di- 
rectors  16  19 

Bridof  company, 

directors  of,  may  build  elevated  railroad   38(a)  41 

to  get  consents  ...    38(a)  41 

By-Laws 

of  board   ...  3  2 

of  corporations,  see  Corporations. 

Capital 

of  00HD0 rations   7  11 

Capital  stock,  see  Corporations. 


VI 


[NDKX. 


Section.  Page. 


Certificate 

of  board 

of  approval  of  corporate  by-laws   13  17 

of  approval  of  maps,  etc   40  44 

that  bids  are  void   7  10 

as  to  connections  and  extensions  of 

road   32       27,  28 

as  to  changes  in  amount  of  capital 

stock  of  corporation    20  21 

as  to  increase  in  amount  of  municipal 

bonds   37  40 

as  to  alteration  of  plans  and  specifica- 
tions  14  18 

of  organization  of  corporation  and  ap- 
proval of  by-laws   13  17 

of  directors  to  changes  in  plans  and  specifica- 
tions  14  18 

Chamberlain, 

increase  of  compensation  to  owners  to  be  de- 
posited with   58  54 

payments  to,  by  city,  may  be  made  when   54  52 

Cities  having  over  one  millton  inhabitants 

to  have  a  board  of  rapid  transit  railroad  com- 
missioners  1  1 

not  to  have  commissioners  under  other  acts    . .  64  57 

City, 

bonds  of,  see  Bonds. 

bound  by  confirmation  of  report  of  commis- 
sioners of  appraisal    52,  58       51,  54 

construction  by,  of  railroad   34  31 

sec.  13  of  am.  of  lb94  61 

consequences  of   63  57 

contracts  of,  see  Contracts. 

to  furnish  copies  of  evidence  to  appellant  from 

appraisal     58  54 

interests  of.  protected  by  corporation  counsel ...  62  56 
not  liable  for  expenses  incurred  by  board  in  ex- 
cess of  appropriations   10  14 

liable  to  owners  for  property  taken  whnn    47  47 

lien  of,  on  railroad  property   34  35 

payments  by,   of  compensation  to 

owners   53  51 

may  be  to  chamberlain   54  52 

a  protection  to  city   56  53 

to  wrong  persons   54  52 


iND  H  x .  vii 

City,  continued.  Section.  Page. 

rental  to,  see  Rental. 

security  to   34  35 

to  become  seized  of  property  when   47  47 

suits  against,  by  owners  for  compensation   53  51 

on  account  of  payments  to  wrong 

persons   54  52 

by,  may  be  brought  by  board   9,  34       12,  38 

Claims  for  compensation, 

conflicting   54  52 

limitations  on   55  53 

Code  of  civil  procedure   62,  23      56,  22 

Commissioners  of  appraisal, 

appointment  of   45  46 

application  for   43  45 

notice  of   44  46 

compensation  of   62  56 

duties  of   48  49 

employes  of,  compensation  of   62  56 

expenses  of   62  56 

new,  when  to  be  appointed   48  48 

to  notify  coiporation  counsel  of  filing  of  reports  50  50 

oath  of   46  47 

powers  of,  in  general   48  48 

to  employ  necessary  clerks,  etc   62  56 

report  of.  appeal  from  r   58  54 

on  separate  claims  for  compensation. .  57  58 

confirmation  of   52  50 

to  be  filed  where   50  50 

to  be  final,  unless  appealed  from   52  51 

general  requisites   49  49 

second,  to  be  final   58  54 

may  be  single  or  several   48  49 

vacancies  in,  how  filled   48  48 

Commissioners  on  connections  and  extensions  of 

route     32  29 

Commissioners  on  constriction  and  OPERATION  OF 

RAILROAD, 

appointment  of   4,    5         3.  7 

determination  of   4,    5         3,  7 

may  locate  route  how   4  4 

report  of   5  7 

vacancies  in,  how  filled   5  7 

Commissioners  on  damaoks  for  kkmovai.  of  kxist 

OtQ  strfctfrf.s   33  30 


viii 


INDEX. 


Section.  Page. 


Commissioners  of  public  works  in  New  York  City 
may  make  reasonable  requirements  as  to  con- 
struction, in  connection  with  subsurface  struc- 
tures  6  8 

Commissioners  of  rapid  transit, 

compensation  of   10  14 

to  take  oath   2  2 

organization  of.  as  a  board   3  2 

original,  compensation  of,  sec.  11  of  am.  of  1894  59 

office  of,  termination  of,  sec.  11  of  am.  of  1894. .  59 
to  transfer  records  to  new  board,  sec.  11  of  am. 

of  1894   59 

Commissioners  on  transportation  of  mails   26  25 

Common  council, 

consents  of,  see  Consents. 

proceedings  of,  with  regard  to  plans  and  con- 
clusions  5  5 

with  regard  to  elevated  railroad  38  (a)  41 

vote  of,  on  plans  and  conclusions    5  5 

Compensation 

to  board,  see  Board. 

to  city,  for  connections  and  extensions  of  rail- 
road  32  27 

to  commissioners  of  appraisal   62  56 

to  corporation,  at  end  of  term,  for  property   8  12 

to  corporation  counsel  and  assistants   62  56 

to  employes  of  commissioners  of  appraisal   62  56 

in  general,  to  be  paid  by  comptroller   62  56 

to  original  commissioners  of  rapid  transit,  sec. 

11  of  am.  of  1894   59 

to  property  owners   49  49 

claims  for   55  53 

diminution  of,  on  appeal   58  54 

increase  of,          "    58  54 

payment  of,  to  be  to  cham- 
berlain, when  54  52 
to  be  directed  by 

court   52  51 

to  be  made  when. .  58  51 
to     protect  city 

\\  hen   56  53 


INDEX.  ix 
Section.  Page. 

Comptroller  of  city. 

application  to,  by  property  owners  before  suing 

city  for  compensation   53  51 

Bnd  auditor  to  pay  expenses  and  compensation 

of  rapid  transit  commissioners   10  14 

duties  of,  on  appeal  from  appraisal   58  M 

to  issue  municipal  bonds   10,  37,  11    14,  39,59 

to  pay  expenses  of  cominmissioners 

of  appraisal   62  56 

of  corporation  coun- 
sel  62  56 

of  original  commis- 
sioners of  rapid 
transit,  sec.  11  of 

am.  of  1894   59 

to  repay  security  given  by  contract- 
ing party   34  36 

not  to  receive  compensation  as  commissioner. . .  10  15 

to  be  a  member  of  board   1  1 

not  to  take  oath  as  commissioner   2  2 

Condemnation  law   23  22 

Conditions  of  sale,  see  Sale. 

Conduits  and  pipes, 

laying  of,  property  may  be  acquired  for   39  43 

Confirmation 

of  report  of  commissioners  of  appraisal   52  50 

Connections,  see  Railroads.  Ferries. 

(  \  >NSENTS 

of  board  to  assignment  of  contracts  ^  34  :i? 

of  common  council  to  construction  of  elevated 

railroad  ;..  38(a)  41 

to  plans  and  conclusions. ...  5  5 

of  corporation  to  modification  of  contracts  for 

connections  and  extensions   88  29 

of  legislature  to  increase  in  n mount  of  munici- 
pal bonds   37  40 

of  local  authorities  to  construction  of  elevated 

railroad     38  (a)  41 

to    construction    of  rapid 

transit  railroad   4,    5        3,  6 

to  modifications  of  rout.-, 
plans,  and  specifica- 
tions  34,  38       31,  40 


X 


INDEX. 


Consents,  continued.  Section.  Page. 

of  property  owners  to  construction  of  elevated 

railroad   38(a)  41 

to    construction    of  rapid 

transit  railroad   4,    5        3,  6 

to  modifications  of  routes, 
plans,  and  specifica- 
tions  34,  38       31,  40 

of  sureties  of  contracting  party  to  modifications 

of  contracts,  plans,  or  specifications   38  40 

Constitution  of  the  State  of  New  York   46,  32      47,  28 

Construction  of  railroad, 

may  be  how   64  58 

not  to  be  on  certain  streets                                             4  4 

conditions  imposed  on                                                  7  9,  10 

conduct  of,  with  regard  to  existing  structures. .         6,  33  8,  29 

with  regard  to  connections  and  extensions  ...  32  26,  27 

conditions  im- 
posed on . . .  32  29 

of  elevated  railroad   38(a)  41,  42 

general  plan  of   38  (a)  41 

municipal,  see  Municipal  construction. 

plan  of,  general                                                           4  3 

purposes  of,  property  may  be  acquired  for   39  42 

See  also  Board  of  rapid  transit  rail- 
road commissioners  and  Contracts. 


Contracts 

with  regard  to  connections  and  extensions  of 


railroad,  how  constituted   

32 

28 

32 

29 

32 

29 

34 

31 

to  be  approved  by  corporation  coun- 

sel, sec.  13  of  am.  of  1894  

61 

assignments  of,  requisites  to  

34 

37 

34 

38 

construction  of,  in  event  of  extinction 

34 

37 

modifications  of  

38 

40 

36 

38 

provisions  of,    for    future  require- 

ments of  board. . 

34 

32 

for  suspension  of  con- 

34 

32 

for  equipment  and 

operation  of  rail- 

34 

33 

INDEX.  Xi 

Contracts,  continued  for   construction,   etc.,  con- 
tinued. Section.  Page. 
for  assurance  to  con- 
tracting party  of 

rights   34  33 

for  payment  of  rental 

to  city   34  33 

for  renewal  of  lease. .  34  34 
for   construction  of 

road  in  sections.  34  34 
for  terminal  dates  of 

construction   34  34 

in  case  of  default  by 

contracting  party  34       36,  37 

may  be  single  or  separate   34  32 

Contractor, 

indebtedness  of,  to  laborers,  remedy  for   22  21 

may  lay  temporary  tramways   33  30 

may  remove  existing  structures  when   33  29 

removals  by,  of  existing  structures,  to  be  at  the 

expense  of  contractor   33  30 

Contribution/ 

right  to,  by  stockholders  of  corporation   18  20 

Corporations, 

actions  against,  by  laborers   18,  22       20,  21 

applications  by,  for  connections  and  extensions 

of  road   32  26 

articles  of  association  of   11  15 

bond  of     34  35 

bonded  indebtedness  of,  maximum  amount  of .  .  7  11 

books  of,  to  be  produced  at  election  of  directors  16  19 

by-laws  of,  to  be  adopted    12  16 

to  be  consistent  with  act   12  16 

must  provide  what  -  12  16 

amendment  of   12  17 

may  provide  for  forfeiture  of  shares  12  17 

must  be  approved  by  board   12  17 

approval  of,  certificate  of  to  be  filed  13  17 
may  provide  for  tilling  vacancies  in 

directors   16  19 

capital  of,  amount  of  to  be  specified   7  11 

capital  stock  of,  number  of  shares  to  be  specified  7  1 1 

subscriptions  to   11  L5 

changes  in  amount  of   20  20 

compensation  to,  for  property,  at  end  of  term  .  8  IS 

for  transportation    24  23 

construction  by,  of  railroad,  on  modified  plans 

and  specifications   14  18 


xii 


INDEX. 


Corporations,  continued. 

directors  of,  election  of  

inspectors  of  

term  of  office  of   

approval  by,  of  modifications  of 

plans  and  specifications  

meetings  of,  special  

how  chosen   

tenure  of  office  of  

votes  for,  regulated  how  

vacancies  in  

who  may  be  

to  compel  payment  of  subscriptions 
to  sign  statement  as  to  change  in 

amount  of  capital  stock  

duties  of,  performance  of,  how  compelled'.  

to  furnish  accommodations  for  pas- 
sengers     

to  run  regular  trains  

to  transport  what  

to  carry  the  mails  

to  supply  special  trains  to  carry  the 

mails  when. . .  ,  

dissolution  of,  by  legislature,   not  to  impair 

vested  rights  

elections  in,  inspectors  of  

exemption  of,  from  taxation   

existing,  rights  of,  not  to  be  impaired  

failure  of,  to  observe  terms  of  sale  

fares  and  freights,  rates  of  

right  to  charge  

liability  of,  for  refusal  to  transport  

management  of  

notices  to,  see  Notice. 

obligations  of,  performance  of,  how  compelled . 

to  repay  expenses  to  buyers  at 

sales  

to  pay  rental  to  city  

office  of,  principal,  where  to  be  

offices  in,  vacancies  in  

officers  of    

organization  of  

necessity  for  

president  of,  to  certify  approval  of  modifica- 
tions of  plans'  and  specifica- 
tions  

necessity  for  

to  sign  statement  as  to  change  in 
amount  of  capital  stock  


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17 

19 

20 

21 

9 

12 

28 

25 

no 

2o 

25 

no 
28 

25 

2b 

25 

cm 
2o 

40 

ol 

Oft 

2b 

12 

lb,  1» 

15,  35 

19,  38 

64 

57 

7 

10 

7 

11 

24 

23 

28 

25 

16 

19 

9 

12 

13 

18 

32,  34 

27,  33 

15 

19 

12 

16 

12 

17 

13 

17 

7 

11 

14 

18 

12 

17 

20 

21 

INDEX. 

Corporations,  continued. 

powers  of,  to  take  and  hold  voluntary  grants  of 

real  estate  

to  transport  

to  receive  compensation  

to  enter  on  streets  

to  construct  railroad  

limitations  on.  . 

to  make  excavations  

to  borrow  money  

to  issue  bonds   ... 

to  remove  existing  structures.  

prohibition  to,  to  use  horse-railroad  tracks  

railroad  of,  see  Railroad. 

rights  of,  forfeiture  of  

resale  of,  on  forfeiture  

to  repurchase  franchise  at  end  of 

term  

to  acquire  and  hold  real  estate  

to  acquire  title  to  property  under  con- 
demnation law  

additional,  when  vested  

secretary  of  

security  of,  repayment  of  

interest  on,  to  be  credited  on  rental 

servants  of,  remedies  of  

must  wear  badges  

may  eject  passengers  when  

intoxication  of,  penalty  for  

stock  of,  deemed  personal  estate  

transfers  of  

stockholders  of,  approval    of,    to    change  in 
.  amount  of  capital  stock. . . . 

liabilities  of  

limitations  on  

not  impaired  by  dis- 
solution ...... 

meetings  of  '. . . 

quorum  of  

rights  of,  to  contribution  

votes  of  

subscribers  to,  meetings  of  

record  of,  certificate 

of   18  17 


Xll  1 

Section. 

Page. 

24 

22 

24 

23 

24 

23 

24 

23 

24 

23 

24 

23 

24 

23 

24 

24 

24 

24 

33 

29 

33 

30 

7 

10 

7 

10 

8 

12 

23 

22 

23 

22 

32 

28 

12 

17 

34 

36 

34 

36 

18,  22 

20,  21 

25 

24 

27 

25 

29 

26 

19 

20 

19 

20 

20 
18 

20 

18 

19 

20 

81 

20 

20 

20 

12 

16 

18 
L6 

90 

11.  12 

19 
16 

XIV 


INDEX. 


Corporations,  continued.  Section.  Pa.ge. 

street  railroad,  rights  of,  how  affected    64  58 

taxation  of   15.  35  19,  38 

transportation  by,  powers  of     24  23 

compensation  for                  '  24  23 

of  the  mails   26  24 

of  persons  and  property ....  28  25 

treasurer  of   12  17 

Corporation  counsel, 

applications  by,  see  Applications. 

approval  of,  necessary  to  municipal  contracts, 

sec.  13  of  am.  of  1894   61 

compensation  of   62  56 

entitled  to  two  copies  of  maps,  etc   40  44 

expenses  of    '.   62  56 

to  file  map  in  register's  office   42  45 

to  give  notice  of  submission  of  report  of  com- 
missioners of  appraisal   ....  51  50 

to  protect  interests  of  city   62  56 

to  take  proceedings  for  acquiring  property   41  45 

Counsel  to  the  corporation,   see  Corporation 
counsel. 

Court,  see  Supreme  Court,  Court  of  Appeals. 

Court  of  Appeals, 

appeal  to,  from  decision  on  appraisal    58  54 

Creditors  of  corporation, 

liability  to,  of  stockholders   18  19 

rights  of,  not  impaired  by  dissolution  of  corpor- 
ation  31  26 

nor  by  expiration  of  term   7  11 

Damages 

for  interference  with  existing  structures   33  30 

for  property  taken    47  47 

See  Compensation,  Property. 

Description  of  property,  see  Property. 

Determination,  see  Board,  Commissioners. 

Directors,  see  Corporations,  Bridge  company. 

Dissolution  of  corporations   31  26 

Easements 

included  in  "  property  "   39  43 


INDEX.  XV 

Section.  Page. 

Elevated  railroad, 

construction  of,  by  bridge  company                              38  (a)  40 

not  to  be  on  certain  streets                      4  4 

streets  occupied  by,  excepted  from  act                           4  4 

Engineer, 

appointed  by  board   7  0 

locomotive,  penalty  for  intoxication  of   29  26 

Evidence, 

on  appeal  from  appraisal,  copies  of,  to  be  fur- 
nished appellant  by  city   58  54 

before  commissioners  on  construction   5  7 

of  organization  of  corporation,  what  is  presump- 
tive   13  17 

in  suits  against  city,  what  is  conclusive   53  51 

Excavations, 

power  to  make   24  23 

Excepted  places, 

railroad  may  not  be  constructed  on    4  4 

railroad  may  be  across  or  under   4  4 

Executors,  . 

not  individually  liable  as  stockholders   21  21 

Exemption,  see  Corporations,  Taxation. 

Existing  Corporations,  see  Corporations. 

Existing  structures, 

interference  with  and  removal  of   33  20-30 

Expenses 

of  toard.  appropriations  for   H)  13 

of  commissioners  of  appraisal.   62  56 

of  construction  of  road,  to  include  what   61  M 

of  corporation  counsel   62  56 

in  general,  to  be  taxed  by  supreme  court   02  56 

not  to  exceed  limit  prescribed  by  code  62  56 
of  supervision  of  construction  of  road  under- 
ground   0  8 

Fares, 

on  elevated  railroads   38(a)  42 

on  rapid  transit  railroad   ?,  24        11,  23 

Ferriks. 

connection  of  railroad  with   32  20 

Franchises 

included  in  "  property  "    39  43 

Freight   24  23 


XVI  INDEX. 

f  Section.  Page. 

General  term,  see  Supreme  Court. 

GUARDIA.NS, 

not  individually  liable  as  stockholders   21  21 

Indebtedness, 

bonded,  maximum  amount  of,  of  corporation  . .  7  11 

Indian  lands, 

act  with  regard  to   24  22 

Individual  liability  of  stockholders,  see  Corpor- 
ations. 

Injuries  to  railroad  property, 

penalty  for   30  26 

Inspectors  of  elections   12  16,  17 

Interest, 

on  damages  for  property  taken   53  51 

on  security,  to  be  credited  to  contracting  party.  34  36 

Intersections, 

of  rapid  transit  road  with  other  roads   24  23 

Intoxication, 

penalty  for   29  26 

Laborers, 

remedies  of   22  21 

Lands,  see  Property. 

Laws  AFrECTED  by  act, 

1875,  ch.  606   64  57 

1890,   "  505   64  57,  58 

1850,   "  140   64  58 

1836,    "  316  ■   24  22 

Liabilities,  see  Corporations. 

Lien 

of  city  on  property  of  railroad   34  35 

Limitations 

to  claims  by  laborers  and  servants    18.  22       20,  22 

to  claims  to  compensation  for  property  taken. .  55  53 

Local  authorities, 

adoption  by,  of  plans  and  conclusions.   5  5 

consents  of,  see  Consents. 


index.  xvii 

Local  authorities,  continued.  Section.  Page, 
may  request  board  to  determine  necessity  for 

rapid  transit  railroad   4  2 

supervision   by,  of   construction   of  railroad 

underground   6  8 

Mails, 

transportation  of,  by  corporation   26  24 

Maps  or  plans  and  memoranda, 

amendments  of     40  44 

approval  of,  by  board   40  44 

board  to  cause  to  be  made   40  43 

copies  of,  two  to  be  transmitted  to  corporation 

counsel   40  44 

one  to  be  filed  with  department  of 

public  works  .    40  44 

one  to  be  filed  by  corporation  counsel 

in  register's  office   42  45 

preparation  of,  expense  of,  to  be  included  in 

cost  of  road   61  56 

requisites  of   40  44 

third  set  of    42  45 

commissioners  of  appraisal  to  procure 

from  corporation  counsel   48  49 

to  be  annexed  to  report  of  commis- 
sioners of  appraisal   49  49 

triplicate  set  of,  board  may  cause  to  be  made. . .  40  44 

Mayor  of  city 

to  be  a  member  of  board   1  1 

not  to  take  oath  as  commissioner  of  rapid  tran- 
sit  2  2 

not  to  receive  compensation  as  commissioner  of 

rapid  transit   10  15 


Meetings 

of  board,  see  Board. 

of  stockholders,  subscribers,  and  directors,  see 
Corporations. 

Members  of  board,  see  Board. 

Memoranda,  see  Maps  or  plans  and  memoranda. 


Modification,  see  Contracts  and  Plans  and  mm-:ci- 

FICATIONS. 


xviii 


INDEX. 


Section.  Page. 


Money, 

to  pay  for  property  taken,  how  raised   61  55 

power  of  corporations  to  borrow     24  24 

Municipal  construction 

of  railroad  to  be  through  board,  sec.  13  of  am. 

of  1894   61 

contracts  for,  see  Contracts. 

to  be  postponed  to  vote,  sec.  14  of 

am.  of  1894   61 

vote  upon,  sec.  12  of  am.  of  1894   60 


New  commissioners  of  appraisal, 

appointment  of  . .:   48  48 

New  York, 

city  of,  surface  of  streets  of,  railroad  not  to  be 

upon   65  58 

Notice 

of  application  for  appointment  of  commissioners 

of  appraisal   44  46 

for  appointment  of  commissioners 

on  construction   5  6 

for  appointment  of  new  commis- 
sioners of  appraisal   48  49 

to  fill  vacancies  in  commissioners 

of  appraisal   48  48 

to  city  not  to  pay  compensation  to  property,  ab- 
sence of   56  53 

of  confirmation  of  report  of  commissioners  of 

appraisal   58  54 

of  determination  on  transportation  of  mails. .. .  26  25 

of  indebtedness  of  contractor  to  laborer   22  21 

of  meetings  of  stockholders   20  20 

of  subscribers   11  16 

of  opening  books  of  subscription   11  15 

for  proposals  for  contracts   36  38 

of  sale  of  right  to  construct  and  operate  road ...  7  9 

to  stockholders,  by  servants  of  corporation   18  20 

of  submission  of  report  of  commissioners  of  ap- 
praisal   51  50 

Oath 

of  commissioners  of  appraisal   46  47 

of  rapid  transit   2  2 

Officers,  see  Corporations. 


Offices,  see  Corporations. 


INDEX.  Xix 

Section.  Page. 

Operation,  see  Railroad. 
Owners,  see  Property. 

Parks  and  public  places 

excepted   4,  24,  38(a)  4,24,42 

Passengers, 

ejection  of   27  25 

right  of,  to  transportation  and  accommodation .  28  25 

Payment 

of  compensation  for  property,  see  Property. 
Penalties 

for  injuries  to  railroad  property   30  26 

for  intoxication  of  servants  of  corporation   29  26 

for  resistance  by  owners   47  48 

Persons,  firms  or  corporations, 
(Consider  with  Corporations). 

Petition 

on  application  for  appointment  of  commission- 
ers of  appraisal   43  45 

Pipes,  see  Railroad,  Conduits  and  pipes. 

Plans  and  conclusions   5  5 

Plans  of  construction,  see  Construction. 

Plans  and  memoranda,  see  Maps  or  plans  and  mem- 
oranda. 

Plans  and  specifications. 

alterations  of ,  in  general   6  b 

when  construction  private    14  18 

wlien  construction  municipal  ...       34,  38       31,  40 

examination  of,  by  public   7  9 

general  requisites  of   fi  7 

need  not  be  set  out  at  large  on  resale  of  rights  at 

end  of  term  of  corporation   8  12 

Pledgees 

of  stock  not  individually  liable   21  21 

Powers,  see  Board,  Corporations. 

Preference 

of  actions  under  act  on  calendar   7.    9       10,  13 

of  successful  bidders  in  allotment  of  shares   11  10 

President,  see  Corporations. 
Privileges 

included  in  "  property  "   39  43 


XX 


INDEX. 


Section.  Page. 

Property, 

acquisition  of,  general  power  of   39  42 

proceedings  for,  by  corporation 

counsel   41  45 

appraisal  of   48  49 

city  to  become  seized  of  when   47  47 

compensation  for,  actions  for  

evidence  in  

claims  for,  limitation  to . . .  . 

when  due  

payment  of,  directed  by  court 
when  to  be  made 
for  owners  un- 
known or- under 
disability,  to  be 
to  chamberlain, 
to  protect  city . . 
to  wrong  per- 
sons, remedy  for 

to  unknown  owners  

of  corporations  

definition  of  

description  of,  what  is  sufficient  

entry  on,  to  make  maps  and  surveys  

for  purpose  of  taking  possession  

by  corporations  

money  to  pay  for.  how  raised  

owners  of,  consents  of,  to  location  of  route  of 

railroad  

to  construction  of  rail- 
road  

to  connections  and  ex- 
tensions of  railroad 
to  construction  of  ele- 
vated railroad.  . . 
to    modifications  of 
plaus  and  specifi- 

tions  

resistance  by,  penalty  for  

rights  of,  may  be  acquired  or  ex- 
tinguished  

acquired  or  extinguished, 

not  to  -be  revived  

use  of,  under  act,  deemed  public   

value  of,  how  computed  


D6 

01 

DO 

01 

05 

DO 

A  -r 

4< 

4/ 

en 
D4 

01 

DO 

01 

54 

52 

56 

53 

54 

52 

49 

50 

23,  24 

22 

39 

43 

AA 

AR 

40 

43 

47 

47 

24 

23 

61 

55 

4 

3 

5 

6 

32 

29 

38  (a) 

41 

34,  38  31, 

40 

47 

48 

39 

43 

40 

44 

60 

55 

5 

6 

Proposals,  see  Contracts. 


INDEX. 


xxi 


Section.  Page. 

Public  Places,  see  Parks. 


Public  Use, 

use  of  property  and  streets  under  act  is  a   24,  60       24,  55 

Public  Works, 

department  of,  entitled  to  a  copy  of  maps,  etc. .  40  44 

Purchasers 

of  right  to  construct  and  operate  road  to  be  re- 
paid expenses  by  corporation   13  18 

Quorum,  see  Board,  Corporations. 

Railroad, 

connections  and  extensions  of   32  26 

construction  of,  general  plan  of,  see  Construc- 
tion. 

construction  and  operation  of, 

acquisition  of  prop- 
erty for   39  42 

consents    to,  see 

Consents. 
expenses  of,  to  in- 
clude what. .  .  61  56 
may  be  where ....            64  58 
municipal,  see  Mu- 
nicipal Con- 
struction. 
on     New  York 
streets  prohib- 
ited                            65  58 

right  of,  sale  of, 
see  Sale. 
resale  of, 
see  Resale. 

crossings  of,  with  other  roads   24  23 

existing,  operation   of,  not  to  be  interfered 

with   64  57 

property  of,  injuries  to   30  26 

public  way,  deemed  to  be  a   63  57 

rental  for,  see  Rental. 
route  of 

not  to  be  changed   14  18 

determination  of   4  3 

interference  of,  with  existing  struct- 
ures  33  29 

location  of   4  3 


xxii 


INDEX. 


Railroad,  continued,  route  of,  continued.  Section.  Page. 
modification  of,  in  case  of  municipal 

construction   34  31 

street,  rights  of,  not  impaired   64  57 


taxation  of,  see  Taxation. 

Rapid  transit 

railroad,  necessity  for,  determination  on,  see 
Board,  Commissioners. 

railroad  commissioners,  see  Board,  Commis- 
sioners. 

Rates 

of  fare,  see  Fares. 
Record 


of  board  to  be  a  public  record                  .-   3  2 

of  original  commissioners  of  rapid  transit  to  be 

transferred,  sec.  11  of  am.  of  1894   59 

Remedies 

of  laborers  against  contractor   22  21 

against  corporation   18  20 

of  servants  of  corporation.   18  20 

Removal 

of  commissioners  of  appraisal   59  55 

of  existing  structures   33  29 

Rental 

for  connections  and  extensions  of  road   32  27 

for  railroad. . .    34  33 

not  to  be  reduced   38  40 

Report,  see  Commissioners  of  appraisal,  Commis- 
sioners on  construction,  etc. 

Resale  of  right 

to  construct  and  operate  road,  on  forfeiture   7  10 

at  expiration  of 

term   8  12 

Rights,  see  Construction,  Corporations. 

included  in  "property  "     39  43 

Route,  see  Railroad,  Elevated  railroad. 
Sale 

of  railroad  rights  ,   7  8-11 

terms  of,  to  provide  for  repay- 
ment by  success- 
ful bidder  of  ex- 
penses of  board. .  10  14 
provisions  of,  in  gen- 
eral  7  8-11 


index.  xxiii 

Section.  Page. 

Seal  of  board   3  2 

Secretary  of  corporation   12  17 

Securities   34  35,  36 

Security 

on  appeal  from  appraisal  unnecessary   58  55 

of  successful  bidder,  at  sale   7  9,  10 

of  contracting  party,  to  city   34  35 

Separate  reports 

of  commissioners  of  appraisal   57  53 

Servants,  see  Corporations. 
Sewers,  see  Construction,  Railroad. 
Shares,  see  Corporations. 

Sinking  fund   .    37  39 

Specifications,  see  Plans  and  specifications. 

Stations  and  station  approaches 

included  in  construction  and  operation   39  42 

may  be  situated  how     6  8 

Stay, 

appeal  not  to  act  as  a  general   58  54 

Stock,  see  Corporations. 

Stockholders,  see  Corporations. 

Streets  and  avenues, 

entry  upon  and  under,  by  corporation   24  23 

exception  of  certain   4,  24        4,  24 

location  of  route  over,  etc   4  3 

of  New  York  city,  no  railroad  to  be  built  upon.  65  5M 

railroad  deemed  part  of,  when                        ..  63  57 

surface  of,  to  be  restored   24  24 

use  of,  under  act  a  public  use   24  24 

Street  railroads, 

interference  with   33  29 

rights  of,  not  to  be  impaired   (54  58 

Subscribers,  see  Corporations. 

Subscriptions,  see  Corporations. 

Subsurface  structures,  see  Construction,  Railroad. 

Subways,  see  Construction,  Railroad. 


xxiv 


INDEX. 


Section,  Page. 


Supreme  Court 

may  amend  defects  in  special  proceedings   59  55 

applications  to,  see  Applications. 

to  appoint  commissioners  of  appraisal   45  46 

to  confirm  report  of  commissioners  of  appraisal  52  50 

may  direct  further  notices   59  55 

to  direct  payment  of  compensation   52  51 

may  fill  vacancies  in  commissioners  of  appraisal  59  55 

general  term  of,  appeal  to,  from  appraisal   58  54 

applications  to,  see  Applica- 
tions. 

to  appoint  commissioners  on 
connections  and  exten- 
sions  32  29 

to  appoint  commissioners  on 

construction   5  7 

decision  of,  on  appropriations 

to  be  final   10  14 

to  determine  amount  of  com- 
pensation to  commissioners  10  15 

may  direct  new  appraisal   58  54 

may  fill  vacancies  in  commis- 
sioners on  construction   5  7 

to  include  appellate  division. . .  59  55 

removal  by,  of  commissioners  of  appraisal   59  55 

submission  to,  of  report  of  commissioners  of  ap- 
praisal  51  50 

to  tax  fees  and  expenses  of  appraisal   62  56 

Sureties  of  corporation, 

consent  of,  to  modifications   38  40 

Surveys, 

board  may  enter  on  lands  in  order  to  make   40  43 

expenses  of,  included  in  cost  of  construction  of 

road   61  56 


Taxation 

of  elevated  railroad  structure   38  (a)  42 

exemption  from,  of  corporations,  as  to  what.. . .  35  38 

of  municipal  bonds   37  39 

of  unfinished  railroad   15  19 

Term 

of  corporate  franchise   7  11 

expiration  of,  resale  on   8  12 


INDEX.  xxv 
Section.  Paoe. 

Terms 

included  in  ''  property  "   39  43 

of  sale   7  8-11 

articles  of  association  must  conform  with  11  15 

to  specify  repayments  of  expenses  of 

board  by  successful  bidder   10  15 

Terminals   32  27 

Tracks, 

additional    32  26-28 

of  street  railway,  removal  of   33  29 

Trains     32  27 

Tramways, 

temporary   33  30 

Transportation,  see  Corporations. 

Treasurer  of  corporation    12  17 

Trustees 

not  individually  liable   21  21 

Unknown  owners,  see  Property. 

Vacancies,  see  Board,  Commissioners,  Corpora 

TIONS. 

Votes 

of  board 

on  articles  of  association   11  15 

on  changes  in  amount  of  capital  stock. .  20  20 

in  plans  and  specifications.  .  14  18 

on  connections  and  extensions  of  route..  32  26 

to  determine  route  and  general  plan  of 

construction   ...  4  3 

to  fill  vacancies  in  board   1  2 

on  modifications  of  contracts  for  con- 
nections and  extensions   32  29 

to  relieve  from  lien   34  36 

of  common  council  on  plans  and  conclusions  . . .  5  5 
of  directors  on  changes  in  plans  and  specifica- 
tions                                                                    14  IS 

on  municipal  construction,  sec.  12  of  am.  of  1894  60 
construction  to  be  postponed  to. 

sec.  14  of  am.  of  1894   01 

of  stockholders  on  changes  in  amount  of  capital 

stock   20  20 

V<  >I  (  HERS 

of  board   37  39 

of  rapid  transit  commissioners    10  14 

original,  sec.  11  of 

am.  of  1894  .  59 


RAPID  TRANSIT  ACT  OF  1891. 
With  Amendments. 


Laws  1891,  Chapter  4;  as  amended  by  Laws  1892, 
chapter  102  ;  and  by  Laws  1892,  chapter  556  ;  and 
by  Laws  1894,  chapter  528  ;  and  by  Laws  1894, 
chapter  752,  and  by  Laws  1895,  ch.  519. 

LAWS  1891,  CHAP.  4. 

ACT  to  provide  for  rapid  transit  railways  in  cities  of  over 
one  million  inhabitants. 

Approved  by  the  Governor,  January  3  r,  1891.  Passed, three-fifths  being  present. 

The  People  of  the  State  of  New  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows : 

§  1.  In  each  city  having  over  one  million  of  inhabitants, 
according  to  the  last  preceding  national  or  state  census,  there 
shall  be  a  board  of  rapid  transit  railroad  commissioners  in  and 
for  such  city,  which  shall  consist  of  the  mayor  of  such  city,  the 
comptroller  or  other  chief  financial  officer  of  such  city,  the 
president  of  the  chamber  of  commerce  of  the  State  of  New 
York,  by  virtue  of    his  office,  and  the  followed  named  persons, 


2 

to  wit  :  William  Steinway,  Seth  Low,  John  Claflin,  Alexan 
der  E.  Orr  and  John  H.  Starin.  The  members  of  said  board 
shall  be  styled  commissioners  of  rapid  transit.  Vacancies 
which  may  take  place  in  the  offices  so  held  by  the  persons 
specifically  named  herein  as  such  commissioners  shall  be  filled 
by  a  majority  vote  of  the  remaining  members  of  said  board. 
The  board  thus  constituted  shall  have  and  exercise  the  specific 
authority  and  powers  hereinafter  conferred  and  also  such  other 
and  necessary  powers  as  may  be  requisite  to  the  efficient  per- 
formance of  the  duties  imposed  upon  said  board  by  this  act. 
{Laws  1 89 1,  chap.  4,  §1  ;  as  amended  by  L.  1894,  chap.  752,  £  1.) 

§  2.  Each  of  the  said  commissioners  other  than  the  mayor 
and  comptroller  or  other  chief  financial  officer  of  such  city  shall 
take  and  subscribe  an  oath  faithfully  to  perform  the  duties  of 
his  office,  which  oath  shall  be  filed  in  the  office  of  the  clerk  of 
any  county  within  which  there  shall  be  a  city  of  the  class  men- 
tioned in  the  first  section  of  this  act.  {Laws  1 89 1 ,  cJi.  4,  ^  2,  as 
amd  by  L.  1894,  ch.  752,  §  2.) 

§  3.  Within  twenty  days  after  the  filing  of  the  oaths  of  said 
commissioners  so  required  to  make  and  file  the  same  the  com- 
missioners of  rapid  transit  in  respect  to  each  of  such  cities  shall 
meet  and  organize  as  a  board.  The  board  when  so  organized, 
may  frame  and  adopt  by-laws  not  inconsistent  with  this  act, 
and  establish  suitable  rules  and  regulations  for  the  proper 
exercise  of  the  powers  and  duties  hereby  conferred  and  im 
posed,  and  may,  from  time  to  time,  amend  the  same.  Four 
members  of  the  board  shall  constitute  a  quorum  for  the  trans 
action  of  business,  but  a  less  number  may  adjourn  meetings. 
The  said  board  shall  adopt  a  seal,  and  keep  a  record  of  its 
proceedings,  which  shall  be  a  public  record  and  be  open  to 
inspection  at  all  reasonable  times.  {Laws  1891,^//.  4,  §  ^,  as  am  d 

by  L.  1894,  ck  752,  §  3-) 

§  4.  The  said  board  upon  its  own  motion  may  proceed, 
from  time  to  time,  to  consider  and  determine  whether  it  is  for 
the  interest  of  the  public  and  of  the  city  in  which  it  is  ap 
pointed,  that  a  rapid  transit  railway  or  railways  for  the  convey 
ance  and  transportation  of  persons  and  property  should  be 
established  therein,  and  upon  the  request  in  writing  of  the 


3 


local  authorities  of  any  such  city  at  any  time,  the  said  board 
shall  proceed  forthwith  to  consider  and  determine  the  same 
questions,  and  in  each  case  the  said  board  shall  conduct  such 
an  inquest  and  investigation  as  may  be  deemed  necessary  in 
the  premises.  If,  after  such  consideration  and  inquest,  the  said 
board  shall  determine  that  a  rapid  transit  railway  or  railways, 
in  addition  to  any  already  existing,  are  necessary  for  the  inter- 
est of  the  public,  and  such  city,  it  shall  proceed  to  determine 
and  establish  the  route  or  routes  thereof  and  the  general  plan 
of  construction.  Such  general  plan  shall  show  the  general  mode 
of  operation  and  contain  such  details  as  to  manner  of  construc- 
tion as  may  be  necessary  to  show  the  extent  to  which  any  street, 
avenue  or  other  public  place  is  to  be  encroached  upon  and  the 
property  abutting  thereon  affected,  and  the  concurrent  votes  of 
at  least  ''six  members  of  the  board  shall  be  necessary  for  the 
purpose  of  determining  and  establishing  such  route  or  routes  and 
plan  of  construction.  The  said  board,  from  time  to  time,  may 
locate  the  route  or  routes  of  such  railway  or  railways  over,  under, 
upon,  through  and  across  any  streets,  avenues  and  lands  within 
such  city,  including  blocks  between  streets  or  avenues  or,  partly 
over,  under,  upon,  through  and  across  any  streets,  avenues  and 
lands  within  such  city  and  partly  through  blocks  between  streets 
or  avenues  ;  provided  that  the  consent  of  the  owners  of  one-half 
in  value  of  the  property  bounded  on  and  the  consent  also  of  the 
local  authorities  having  control  of  that  portion  of  a  street  or  high- 
way, uoon  w  hich  it  is  proposed  to  construct  or  operate  such  rail- 
way or  railways  be  first  obtained,  or  in  case  the  consent  of  such 
property  owners  can  not  be  obtained,  that  the  determination  of 
three  commissioners  appointed  by  the  general  term  of  the 
supreme  court  in  the  district  of  the  proposed  construction, 
given  after  due  hearing  of  all  parties  interested,  and  confirmed 

*  It  is  enacted  by  section  10  of  chapter  752  of  the  Laws  of  1S94,  that  "  when- 
ever it  is  expressly  provided  in  the  act  hereby  amended  that  any  act  of  the  board 
of  rapid  transit  railroad  commissioners  shall  be  done  by  the  concurrent  vote  of  four 
of  the  members  of  said  board,  the  act  hereby  amended  is  further  amended  so  as  to 
provide  in  such  cases  that  such  vote  shall  be  that  of  six  of  such  members."  'this 
amendment  operates  upon  the  fourth,  eleventh,  fourteenth  and  twentieth  sections 
of  the  Rapid  Transit  Act  of  I  So,  I  (chap.  4). 


4 


by  the  court,  that  such  railway  or  railways  ought  to  be  con- 
structed or  operated,  be  taken  in  lieu  of  the  consent  of  such 
property  owners  ;  except  that  no  public  park  nor  any  lands  or 
places,  lawfully  set  apart  for,  or  occupied  by,  any  public  build- 
ing of  any  city  or  county,  or  of  the  state  of  New  York,  or  of 
the  United  States,  nor  those  portions  of  Grand,  Classon,  Frank- 
lin avenues  and  Downing  street  in  the  city  of  Brooklyn,  lying 
between  the  southerly  line  of  Lexington  avenue  and  northerly 
line  of  Atlantic  avenue,  nor  that  portion  of  Classon  avenue  in 
said  city  lying  between  the  northerly  line  of  Lexington  avenue 
and  southerly  line  of  Park  avenue,  nor  that  portion  of  Wash- 
ington avenue  in  said  city  lying  between  Park  and  Atlantic 
avenues,  nor  DeBevoise  place,  Irving  place  and  Leffert's  place, 
Lee  avenue,  Nostrand  avenue,  Waverly  avenue,  Vanderbilt 
avenue  and  Clinton  avenue  in  said  city  of  Brooklyn,  nor  that 
portion  of  the  city  of  Buffalo  lying  between  Michigan  and 
Main  streets,  nor  any  part  of  Fifth  avenue  in  the  city  of  New 
York,  nor  that  portion  of  any  street  or  avenue  which  is  now 
actually  occupied  by  any  elevated  railroad  structure,  shall  be 
occupied  by  any  corporation  to  be  organized  under  the  pro- 
visions of  this  act  for  the  purpose  of  constructing  a  railway  in 
or  upon  any  of  such  public  parks,  lands  or  places,  or  upon  or 
along  either  of  the  said  excepted  streets  or  avenues.  It  shall 
be  lawful  for  said  commissioners  to  locate  the  route  of  a  rail- 
way or  railways,  by  tunnel  under  any  such  public  parks,  lands  or 
places,  and  to  locate  the  route  of  any  railway  to  be  built, 
under  this  act,  across  any  of  the  streets  and  avenues  now  occu- 
pied by  an  elevated  railroad  structure  in  the  city  of  New  York, 
or  across  any  of  the  streets  or  avenues  excepted  in  this  act  at 
any  point  at  which,  in  its  discretion,  the  board  of  rapid  transit 
railroad  commissioners  may  deem  necessary  in  the  location  of  any 
route  or  routes,  or  under,  or  under  and  along,  any  of  said  streets 
or  avenues  now  so  occupied  or  so  excepted  in  this  act.  Noth- 
ing in  this  act  shall  authorize  the  construction  of  an  elevated 
railway  on  Broadway  south  of  Thirty-third  street,  nor  on  Madi- 
son avenue  in  the  city  of  New  York.  It  shall  not  be  lawful  to 
grant,  use  or  occupy,  for  the  purposes  of  an  elevated  railroad, 
except  for  the  purpose  of  crossing  the  same,  any  portion  of 


5 


the  following  named  streets  and  places  in  the  city  of  New  York, 
that  is  to  say:  Second  avenue  below  Twenty-third  street; 
Fourteenth  street,  between  the  easterly  line  or  side  of  Seventh 
avenue,  and  the  westerly  side  of  Fourth  avenue  ;  nor  Eleventh 
street,  west  of  Seventh  avenue,  nor  any  part  of  Bank  street ; 
Nassau  street ;  Printing  House  square,  so  called,  south  of 
Franklin  street  ;  Park  row,  south  of  Tryon  row  ;  Broad  street 
and  Wall  street.*  {Lazes  1891,  ch.  4,^4,  as  avid  by  L.  1894,  ch. 
528,  §1,  and  by  L.  1894,  ch.  752,  §  10,  and  by  L.  1895,  ch.  519, 
§1.). 

§  5.  After  any  determination  by  said  board  of  any  such 
route  or  routes  and  of  any  general  plan  of  construction  of 
said  railway  or  railways,  the  said  board  shall  transmit  to  the 
common  council  of  said  city  a  copy  of  said  plans  and  conclu- 
sions as  adopted.  It  shall  be  the  duty  of  such  common  council 
upon  receiving  such  copy  of  plans  and  conclusions  to  appoint 
a  day  not  less  than  one  week  nor  more  than  ten  days  after  the 
receipt  thereof  for  the  consideration  of  such  plans  and  conclu- 
sions, and  the  said  common  council  shall,  on  the  day  so  fixed, 
proceed  with  the  consideration  thereof  and  may  continue  and 
adjourn  such  consideration,  from  time  to  time,  until  a  final 
vote  shall  be  taken  thereon,  as  hereinafter  provided.  Within 
four  weeks  after  the  copy  of  such  plans  and  conclusions  adopted 
by  the  board  of  rapid  transit  lailroad  commissioners  shall  have 
first  been  received  by  said  common  council,  a  final  vote  shall 
be  tak^n  thereon,  by  ayes  and  nays,  in  the  form  of  a  vote  upon 
a  resolution  to  approve  such  plans  and  conclusions,  and  to  con- 
sent to  the  construction  of  a  railway  or  railways  in  accordance 
therewith.  Upon  the  adoption  of  such  a  resolution  by  a  ma- 
jority vote  of  all  the  members  of  the  common  council  and  the 
approval  of  the  mayor,  and  in  the  case  of  the  refusal  or  failure 
of  the  mayor  to  approve  such  resolution,  then  by  a  two-thirds 
vote  of  all  the  members  of  the  common  council,  the  said 
plans  and  conclusions  shall  be  deemed  to  have  been  finally 
consented  to  and  adopted,  and  such  consent  shall  be  deemed 

*  Other  streets  in  the  city  of  New  York  are  exempted  by  the  following  statutes  : 

1.  Laws  1S92,  ch.  367. 

2.  Laws  18S8,  ch.  256,  as  am'd  by  L.  1894,  ch.  518. 


6 


to  be  the  consent  of  the  local  authorities  of  such  city  ;  provided, 
that  where  in  any  such  city  the  exclusive  control  of  any  street, 
road,  highway  or  avenue  which  is  to  be  used  or  occupied  by 
any  railway  or  railways  constructed  under  the  provisions  of 
this  act,  is  by  law  vested  in  any  local  authority  other  than  the 
common  council  of  such  city,  the  approval  of  the  aforesaid 
plans  and  conclusions  and  the  consent  to  the  construction  of  a 
railway  thereunder  shall  be  given  by  such  local  authority  in 
place  of  and  if  required  in  addition  to  such  approval  and  con- 
sent by  said  common  council  and  with  like  effect.  Upon 
obtaining  the  approval  and  consent  of  the  local  authori- 
ties as  .  above  provided,  the  said  board  of  rapid  transit 
railroad  commissioners  shall  also,  unless  such  approval  and 
consent  of  local  authorities  shall  have  baen  refused, 
take  the  necessary  steps  to  obtain,  if  possible,  the  said 
consents  of  the  property  owners  along  the  line  of  the  said 
route  or  routes.  For  the  purposes  of  this  act  the  value  of 
the  property  bounded  on  that  portion  of  any  street  or  highway 
in,  upon,  over  or  under  which  it  is  proposed  to  construct  or 
operate  such  railway  or  railways,  or  any  part  thereof,  shall  be 
ascertained  and  determined  from  the  assessment-roll  of  the 
city  in  which  the  said  property  is  situated,  confirmed  or  com- 
pleted last  before  the  local  authorities  shall  have  given  their 
consent  as  above  provided.  If  such  consents  of  property  own- 
ers can  not  be  obtained,  the  said  board  may,  in  its  own  name, 
make  application  to  the  general  term  of  the  supreme  court  in 
the  judicial  district  in  which  such  railway  is  to  be  constructed 
for  the  appointment  of  three  commissioners  to  determine  and 
report  after  due  hearing  whether  such  railway  ought  to  be  con- 
structed and  operated.  Two  weeks'  notice  of  such  applica- 
tion shall  be  given  by  daily  publication  thereof,  Sundays  and 
holidays  excepted,  in  six  daily  newspapers  published  in  the 
city  where  such  proposed  railway  is  to  be  constructed,  if  there 
be  so  many  newspapers  published  in  said  city,  and  if  not,  then 
in  all  the  daily  newspapers  published  in  said  city.  The  news- 
papers in  w  hich  said  publication  shall  be  made  shall  be  desig- 
nated by  the  general  term  of  the  supreme  court  to  which  such 
application  is  to  be  made  on  the  application  of  the  commission- 


7 


ers  without  notice.  The  said  general  term,  upon  due  proof  of 
the  publication  aforesaid,  shall  appoint  three  disinterested 
persons  who  shall  act  as  commissioners,  and  such  commission- 
ers within  ten  days  after  their  appointment  shall  cause  public- 
notice  to  be  given  in  the  manner  directed  by  the  said  general 
term,  of  their  first  sitting,  and  may  adjourn  from  time  to  time 
until  all  their  business  is  completed.  Vacancies  in  such  com- 
mission may  be  filled  by  said  general  term  after  such  notice 
to  persons  interested  as  the  general  term  may  deem  proper, 
and  the  evidence  taken  before  as  well  as  after  such  vacancy 
occurred  shall  be  deemed  to  be  properly  before  such  commis- 
sioners. The  said  commissioners  shall  determine  after  public 
hearing  of  all  parties  interested  whether  such  railroad  ought  to 
be  constructed  and  operated  and  shall  report  the  evidence  taken 
to  said  general  term,  together  with  a  report  of  their  determina- 
tion whether  such  road  ought  to  be  constructed  and  operated, 
which  report,  if  in  favor  of  the  construction  and  operation  of 
such  road,  shall,  when  confirmed  by  said  court,  be  taken  in  lieu 
of  the  consent  of  the  property  owners  above  mentioned.  Such 
report  shall  be  made  within  sixty  days  after  the  appointment 
of  said  commissioners,  unless  the  said  court,  or  a  judge  thereof, 
shall  extend  such  time.  (Laws  iSgi,  c/i.  4,  §5,  as  avid  by  L. 
1895,  ch.  519,  §2.) 

§  6.  When  the  consents  of  the  local  authorities  and  the  prop- 
erty owners,  or,  in  lieu  thereof,  the  authorization  of  the  said 
general  term  of  the  supreme  court  upon  the  report  of  com- 
missioners, shall  have  been  obtained,  the  board  of  rapid  transit 
railroad  commissioners  shall  at  once  proceed  to  prepare  detailed 
plans  and  specifications  for  the  construction  of  such  rapid 
transit  railway  or  railways  in  accordance  with  the  general  plan 
of  construction,  including  all  devices  and  appurtenances 
deemed  by  it  necessary  to  secure  the  greatest  efficiency, 
public  convenience  and  safety,  including  the  number,  loca- 
tion and  description  of  stations  and  plans  and  specifications 
for  suitable  supports,  turnouts,  switches,  sidings,  connections, 
landing  places,  buildings,  platforms,  stairways,  elevators,  tele- 
graph and  signal  devices,  and  other  suitable  appliances  inci- 
dental and  requisite  to  what  the  said  board  may  approve  as  the 


s 


best  and  most  efficient  system  of  rapid  transit  in  view  of  the 
public  needs  and  requirements,  and  the  said  board  may  in  its 
discretion  include  in  said  plans,  provisions  for  subways  or 
tunnels  for  sewer,  gas  or  water  pipes,  electric  wires  and  other 
conductors  proper  to  be  placed  under  ground,  whenever  neces- 
sary so  to  do,  in  order  to  permit  of  the  proper  construction  of 
any  railway  herein  provided  for  in  accordance  with  the 
plans  and  specifications  of  the  said  board.  Stations  and  station 
approaches  may  be  under  or  over  streets  of  the  route  or  cross- 
streets.  The  board  may  from  time  to  time,  alter  such  detailed 
plans  and  specifications,  but  always  so  that  the  same  shall  ac- 
cord with  the  general  plan  of  construction  ;  but  whenever  a 
contract  shall  have  been  made  for  the  construction  of  any  rail- 
way herein  provided  for,  no  such  alteration  shall  be  made  by  the 
board  without  the  consent  of  the  contractor  and  his  sureties,  ex- 
cept as  liberty  shall  have  been  reserved  in  such  contract  by  said 
board  for  such  alteration.  Whenever  the  construction  of  any 
railway,  depressed  way,  subway  or  tunnel  under  the  provisions 
of  this  act  shall  interfere  with,  disturb  or  endanger  any  sewer, 
water  pipe,  gas  pipe,  or  other  duly  authorized  sub-surface 
structure,  the  work  of  construction  at  such  points  shall 
be  conducted  in  the  city  of  New  York  in  accordance  with 
the  reasonable  requirements  of  the  commissioner  of  public 
wrorks,  and  in  other  cities  in  accordance  with  the  rea- 
sonable requirements  and  under  the  supervision  of  the 
officer  or  local  authority  having  the  care  of,  and  the  jurisdiction 
or  control  over,  such  sub-surface  structures  so  interfered  with, 
disturbed  or  endangered.  All  expenses  incidental  to  such 
supervision  and  to  the  work  of  reconstructing,  readjusting  and 
supporting  any  such  sewer,  water  pipe,  gas  pipe,  or  other  duly 
authorized  sub-surface  structure,  shall  be  borne  and  paid  by  the 
company  which  shall  have  acquired  the  right,  privilege  and 
franchise  to  construct,  maintain  and  operate  such  railway,  pur- 
suant to  a  sale  of  the  same  at  public  auction,  as  hereinafter 
provided,  if  any  such  sale  shall  be  made  by  said  board.  {Laws 
1 891,  di.  4,  §  6,  as  amd  by  L.  1894,  cJi.  752,  §  4,  and  by  L.  1895, 
ch,  519,  §3-) 

§  7.  If,  after  having  secured  the  necessary  consents  and  after 


having  prepared  such  detailed  plans  and  specifications  as  are 
by  this  act  provided  for,  it  shall  not  have  been  determined  by 
vote  of  the  people  as  provided  by  sections  twelve  and 
thirteen  of  chapter  seven  hundred  and  fifty-two 
of  the  laws  of  eighteen  hundred  and  ninety-four 
that  such  railway  of  railways  shall  be  constructed  for 
and  at  the  expense  of  such  city  as  hereafter  provided, 
said  board  shall  sell  at  public  auction  in  the  city 
where  said  railway  or  railways  are  to  be  built  and  for  the 
account  and  benefit  of  said  city  the  right,  privilege  and  fran- 
chise to  construct,  maintain  and  operate  such  railway  or  rail- 
ways. Notice  of  the  time  and  place  of  such  sale  shall  be  pub- 
lished three  times  a  week  for  at  least  six  successive  weeks  in  at 
least  three  daily  newspapers  published  in  said  city.  The  board 
may  prescribe  all  such  terms  and  conditions  of  sale  as  it  may 
deem  to  be  for  the  interest  of  the  public  and  of  the  city  in 
which  the  railway  or  railways  are  to  be  constructed.  The  ad- 
vertisement of  sale  shall  contain  only  so  much  of  the  said  terms, 
plans  and  specifications  for  the  construction  as  the  said  board 
may  think  proper,  but  such  advertisement  must  state  at  what 
place  the  full  terms,  plans  and  specifications  may  be  examined, 
and  they  shall  be  subject  to  examination  under  such  reason- 
able rules  and  regulations  as  the  board  may  prescribe.  The 
terms  of  sale  shall  provide  for  the  construction  of  the  rail- 
way or  railways  under  the  supervision  of  the  board,  and  for 
the  approval  of  an  engineer  or  engineers  to  be  appointed,  from 
time  to  time,  by  the  board,  and  the  corporation  or  corpora- 
tions to  be  organized  for  the  purpose  of  constructing  and 
operating  such  railway  or  railways  as  in  this  act  provided  shall 
pay  such  engineer  or  engineers  such  salary  as  may,  from  time 
to  time,  be  fixed  by  the  said  board  of  rapid  transit  railroad 
commissioners.  Such  engineer  or  engineers  shall  hold  their 
office  at  the  pleasure  of  the  said  board.  The  terms  of  sale 
shall  require  the  successful  bidder  to  deposit  with  the  comp- 
troller or  chief  fiscal  officer  of  the  city,  in  cash  or  approved 
securities,  such  amount  as  the  board  may  deem  sufficient  to 
constitute  a  guarantee  of  full  compliance  with  the  terms  of 
sale  by  the  purchaser  and  by  the  corporation  to  be  formed  for 


10 


the  purpose  of  building  and  operating  said  railway  as  herein- 
after provided.  Said  bids  and  all  rights  which  may  have  been 
acquired  thereunder  shall  become  null  and  void  and  of  no 
effect,  at  the  option  of  said  board,  should  there  be  a  failure  to 
organize  a  corporation  to  exercise  such  rights,  privileges  and 
franchises  as  required  by  said  terms  of  sale  and  this  act,  or  for 
any  violation  of  any  of  the  requirements  of  said  terms  of  sale 
which  should  be  complied  with  before  such  corporation  is 
organized,  and  thereupon  any  deposit  which  may  have  been 
made  pursuant  to  such  terms  of  sale  shall  be  paid  into  the 
treasury  of  such  city  upon  a  certificate  being  made  and  filed 
by  said  board  with  the  public  officer  with  whom  such  deposit 
shall  have  been  made,  that  said  bid,  and  all  rights  which  may 
have  been  acquired  thereunder,  have  become  null  and  void 
and  of  no  effect  ;  and  said  rights,  privileges  and  franchises 
shall  be  again  sold  by  said  board,  subject  to  all  the  provisions 
of  this  act  regulating  such  sales.  The  terms  of  sale  shall 
require  the  construction  of  the  road  to  be  begun  within  a 
time  to  be  specified  in  said  terms  of  sale,  and  to  be  finished 
within  a  certain  time  thereafter,  to  be  specified  therein,  and 
may  prescribe  the  time  within  which  portions  of  the  same  shall 
be  begun  and  finished.  The  said  terms  of  sale  may  reserve  to 
the  board  the  power  to  extend  the  times  for  the  commence- 
ment and  completion  of  the  construction  of  said  railway,  or 
of  portions  of  the  same,  if,  in  its  discretion,  the  said  board 
deem  such  extension  to  be  for  the  best  interests  of  the  city. 
In  case  the  corporation  formed  for  the  purpose  of  constructing 
said  railway  shall  fail  to  begin  or  finish  the  construction  within 
the  times  for  those  purposes  respectively  limited,  all  rights, 
privileges  and  franchises  of  such  corporations  to  maintain  and 
operate  said  railway  shall  be  forfeited,  and  upon  such  forfeiture 
being  adjudged  by  the  court  in  a  suit  brought  for  that  purpose 
in  the  name  of  the  mayor,  aldermen  and  commonalty  of  the 
city  of  New  York,  or  such  other  appropriate  corporate  title  of 
said  city  or  by  said  board  of  rapid  transit  railroad  commis- 
sioners, then  the  said  board  shall  have  power  to  advertise  and 
resell  said  rights,  privileges  and  franchises  and  so  much  of  the 
road  as  shall  have  been  constructed  by  such  corporation  ;  such 


11 


suits  shall  have  preference  over  all  other  cases  in  all  courts  ;  and 
the  proceeds  of  such  resale  shall  be  applied  first  to  the  pay- 
ment of  the  expenses  of  the  resale,  and  then  to  the  discharge  of 
any  liens  which  may  have  been  created  upon  such  property, 
and  the  balance  shall  be  paid  over  to  the  said  corporation.  The 
terms  of  sale  must  provide  for  the  organization  by  the  pur- 
chaser or  purchasers  of  such  rights,  privileges  and  franchises  of 
a  corporation  to  exercise  the  same,  and  to  construct,  maintain 
and  operate  such  rapid  transit  railway  or  railways,  with  the 
powers  and  subject  to  the  duties  and  liabilities  granted  or 
imposed  by  this  act.  The  said  terms  of  sale  must  also  specify 
the  amount  of  the  capital  of  any  such  corporation,  and  number 
of  shares  of  capital  stock  which  such  corporation  shall  be 
authorized  to  issue,  the  percentage  to  be  paid  in  cash  by  the 
subscribers  on  subscribing  for  such  shares,  the  maximum 
amount  of  the  bonded  indebtedness  which  such  corporation  be 
authorized  to  incur,  and  which  may  be  secured  by  mortgage 
upon  its  property  and  franchises,  and  the  rates  of  fares  and 
freights  which  such  corporation  may  charge  and  collect  for  the 
carriage  of  persons  and  property.  But  the  rate  of  fare  for  any 
passenger  on  said  railway  from  any  point  on  the  same  north- 
ward or  southward  within  the  city  of  New  York  shall  not  ex- 
ceed five  cents  under  any  provision  of  this  act.  The  said 
board  may,  if  it  considers  that  the  public  interest  requires 
it  to  do  so,  reject  all  bids  and  readvertise  the  said  rights, 
privileges  and  franchises  for  sale,  with  the  same  or  dif- 
ferent terms  of  sale,  as  often  as  it  may  deem  necessary 
in  the  interest  of  such  city,  and  shall  finally  accept 
that  bid  which,  under  all  circumstances,  in  its  opinion,  is 
most  advantageous  to  the  public  and  such  city  ;  and  no  bid 
shall  be  accepted  without  the  concurrent  vote  of  six  members 
of  the  board.  The  terms  of  sale  on  any  such  resale  must 
contain  all  the  provisions  required  by  this  act  to  be  inserted 
in  the  original  terms  of  sale.  Such  sale  may  be  adjourned 
from  time  to  time  at  the  discretion  of  the  board.  All  sales 
of  such  rights,  privileges  and  franchises  shall  be  made  for  a 
definite  term  of  years,  but  the  expiration  of  the  term,  if  sold 
for  a  term  of  years,  shall  not  impair  any  mortgage  or  other 


lien  upon  the  property  of  such  corporation  or  the  rights  of 
any  creditor  or  creditors  of  such  corporation  ;  provided,  how- 
ever, that  nothing  herein  contained  shall  be  so  construed  as 
to  extend  the  term  for  which  such  rights,  privileges  and  fran- 
chises are  sold.  {Laws  1891,  ch.  4,  §  7,  as  amd  by  L.  1894,  ch. 
752,  §  5,  and  by  L.  1895,  ch.  519,  §  4.) 

§  8.  Within  one  year,  and  not  less  than  six  months,  prior  to 
the  expiration  of  any  term  for  which  such  rights,  privileges 
and  franchises  shall  have  been  sold,  said  board  shall  proceed  to 
resell  the  right  to  maintain  and  operate  the  said  railway. 
Such  sale  shall  be  made  in  the  manner  prescribed  for  the  origi- 
nal sale,  and  the  board  is  empowered  to  make  suitable  pro- 
visions for  securing  to  the  corporation  then  operating  such 
railway  or  railways  suitable  compensation  for  the  railroad 
structure  and  appurtenances,  and  for  any  other  property,  real 
or  personal,  which  the  said  corporation  may  own  or  of  which 
it  may  be  vested  at  the  expiration  of  the  term  for  which  such 
rights,  privileges  and  franchises  were  sold.  Any  corporation 
theretofore  organized  under  the  provisions  of  this  act  may  be  a 
purchaser  on  such  resale  ;  but  if  no  such  corporation  be  the 
purchaser,  a  new  corporation  shall  be  formed  to  maintain  and 
operate  said  road  in  the  manner  prescribed  for  the  organiza- 
tion of  a  corporation  on  the  original  sale,  except  that  the  plans 
and  specifications  according  to  which  said  railway  has  been 
constructed  need  not  be  set  out  at  large,  but  may  be  referred 
to  as  forming  part  of  the  articles  of  association  of  said  new 
corporation.    {Laws  1891,  ch.  4,  §  8.) 

§  9.  The  said  board  may  rent  such  offices  and  employ  such 
engineers,  attorneys  and  other  persons,  from  time  to  time,  as 
it  may,  in  its  discretion,  deem  necessary  to  the  proper  perform- 
ance by  it  of  its  duties  as  in  this  act  prescribed.  It  may  sue 
in  the  name  and  behalf  of  the  city  for  which  it  acts  as  a  board. 
It  may  in  the  name  of  and  in  behalf  of  the  said  city  bring  ac- 
tion of  specific  performance  or  may  apply  by  mandamus  to 
compel  the  performance  within  its  city  by  any  corporation  or 
person  of  any  duty  or  obligation  with  reference  to  or  arising 
out  of  the  construction  or  operation  of  any  railroad  under,  or 
by  reason  of,  any  grant  made  or  right  acquired  under  this  act 


13 


or  the  acts  amendatory  hereof  or  supplementary  hereto,  or  out 
of  or  by  reason  of  any  contract  made  or  authorized  by  any 
board  of  rapid  transit  commissioners  within  its  city,  or  it  may 
in  behalf  of  and  in  the  name  of  said  city  bring  actions  to  recover 
damages  for  any  violation  of  contract  or  duty,  or  for  any  wrong 
committed  by  any  such  corporation  or  person  by  reason  of  any 
non-performance  or  violation  of  duty  under  the  provisions  of 
this  act,  or  under  any  contract  or  stipulation  made  in  pursuance 
of  any  provisions  of  this  act.  Every  action  or  proceeding 
brought  by  the  said  board,  and' every  action  or  proceeding  in 
which  an  injunction  is  had  or  sought  against  the  board  or  the 
said  city,  or  against  any  corporation  or  person  who  or  which 
shall  have  entered  into  a  contract  under  the  provisions  of  this 
act,  or  any  act  supplementary  hereto,  or  amendatory  hereof,  by 
reason  of  any  act  or  thing  done,  proposed  or  threatened  under 
or  by  virtue  of  any  provision  of  this  act,  or  any  act  supple- 
mentary hereto,  or  amendatory  hereof,  or  is  sought  against 
any  corporation  or  person  claiming  or  claiming  to  act  under 
any  grant  or  franchise  under  this  act,  or  any  act  supplemen- 
tary hereto,  or  amendatory  hereof,  and  every  action  or  pro 
ceeding  in  which  the  constitutionality  of  any  part  of  this  act, 
or  of  any  act  supplementary  hereto,  or  amendatory  hereof,  shall 
or  may  be  brought  in  question,  shall  have  a  preference  above 
all  causes  not  criminal  on  the  calendar  of  every  court,  and  may 
be  brought  on  for  trial  or  argument  upon  notice  of  eight  days 
for  any  day  of  any  term  on  which  the  court  shall  be  in  session. 
{Laws  1S91,  cJi.  4,  £  9,  as  anfd  by  L.  1894.  cA.  752,  6,  and  by 
L.  1895,  c/i.  5  19,  £  5.) 

10.  The  board  of  estimate  and  apportionment  or  other 
board  or  public  body  on  which  is  imposed  the  duty,  and  in 
which  is  vested  the  power,  of  making  appropriations  of  public 
moneys  for  the  purposes  of  the  city  government  in  any  city  in 
which  it  is  proposed  to  construct  such  railway  or  railways  shall, 
from  time  to  time,  on  requisition  duly  made  by  the  board  of 
rapid  transit  railroad  commissioners,  appropriate  such  sum  or 
sums  of  money  as  may  be  requisite  and  necessary  to  properly 
enable  it  to  do  and  perform,  or  cause  to  be  done  and  performed, 
the  duties  herein  prescribed,  and  to  provide  for  the  com  pen  sa- 


14 


tions  of  such  commissioners,  and  such  appropriation  shall 
be  made  forthwith  upon  presentation  of  a  requisition  from 
the  board  of  rapid  transit  railroad  commissioners,which  shall  state 
the  purposes  for  which  such  moneys  are  required  by  the  said 
board.  In  case  the  said  board  of  estimate  and  apportionment 
or  such  other  board  or  public  body  fail  to  appropriate  such 
amount  as  the  board  of  rapid  transit  railroad  commissioners 
deem  requisite  and  necessary,  the  said  board  of  rapid  transit 
railroad  commissioners  may  apply  to  the  general  term  of  the 
supreme  court,  in  the  department  in  which  the  railway  is  to 
be  or  has  been  constructed,  on  notice  to  the  board  of  estimate 
and  apportionment,  or  such  other  board  or  public  body  afore- 
said, to  determine  what  amount  shall  be  appropriated  for  the 
purposes  required  by  this  section,  and  the  decision  of  said 
general  term  shall  be  final  and  conclusive  ;  and  no  city  shall 
be  liable  for  any  indebtedness  incurred  by  the  said  board  of 
rapid  transit  railroad  commissioners  in  excess  of  such  appro- 
priation or  appropriations.  It  shall  be  the  duty  of  the  auditor 
and  comptroller  of  any  such  city,  after  such  appropriations 
shall  have  been  duly  made,  to  audit  and  pay  the  proper  expen- 
ditures and  compensation  of  said  commissioners  upon  vouchers 
therefor,  to  be  furnished  by  the  said  commissioners,  which 
payments  shall  be  made  in  like  manner  as  payments  are  now 
made  by  the  auditor,  comptroller,  or  other  public  officers,  of 
claims  against  and  demands  upon  such  city  ;  and  for  the  pur- 
pose of  providing  funds  with  which  to  pay  the  said  sums, 
the  comptroller  or  other  chief  financial  officer  of  said  city  is 
hereby  authorized  and  directed  to  issue  and  sell  revenue  bonds 
of  such  city  in  anticipation  of  receipt  of  taxes,  and  out  of  the 
proceeds  of  such  bonds  to  make  the  payments  in  this  section 
required  to  be  made.  The  amount  necessary  to  pay  the  prin- 
cipal and  interest  of  such  bonds  shall  be  included  in  the  esti- 
mates of  moneys  necessary  to  be  raised  by  taxation  to  carry 
on  the  business  of  said  city,  and  shall  be  made  a  part  of  the 
tax  levy  for  the  year  next  following  the  year  in  which  such 
appropriations  are  made.  All  expenses  of  the  said  board  of 
rapid  transit  railroad  commissioners,  including  the  compensation 
of  said  commissioners,  so  incurred  and  paid  by  any  city  as  in  this 


15 


section  provided,  and  for  w  hich  any  city  shall  be  liable,  shall 
be  repaid,  with  interest,  by  the  bidder  or  bidders  at  the  public 
sale  of  the  rights,  privileges  and  franchises,  as  in  this  act  pro- 
vided, in  case  said  board  shall  so  sell  the  same,  whose  bid  shall 
be  accepted  by  the  board  of  rapid  transit  railroad  commission- 
ers, and  the  terms  of  such  sale  shall  specify  the  time  when  such 
payment  shall  be  made,  as  well  as  the  amount  thereof.  The 
commissioners,  other  than  the  mayor  and  comptroller  or  other 
chief  financial  officer  of  such  city,  shall  be  paid  a  reasonable 
compensation  for  the  duties  performed  by  them,  from  time  to 
time,  under  the  provisions  of  this  act.  The  amount  of  such 
compensation  shall  be  determined  by  the  general  term  of  the 
supreme  court  in  the  department  in  which  said  city  shall  be 
located  upon  application  by  said  board  after  notice  to  the 
mayor  of  such  city.  {La^s  1891,  ck.  4,  ^  10,  as  am  d  by  L.  1894, 
ch.  752,  §  7.) 

^  11.  A  corporation  or  corporations  to  construct  and  operate 
such  rapid  transit  railway  or  railways,  and  to  enjoy  and  exercise 
the  rights,  privileges  and  franchises  in  this  act  provided  for 
shall  be  created  and  organized  in  the  manner  following:  Arti- 
cles of  association  shall  be  duly  signed  and  acknowledged  by 
not  less  than  twenty-five  persons,  and  such  articles  shall  set 
forth  the  name  of  the  proposed  corporation  and  duration 
thereof.  Said  articles  must  also  state  that  they  are  made  and 
filed  under  and  in  pursuance  of  this  act  for  the  purpose  of  taking 
and  exercising  the  rights,  privileges  and  franchises  so  purchased 
as  aforesaid,  according  to  the  terms  of  sale ;  and  such  terms  of 
sale  and  all  plans  and  specifications  must  be  made  a  part  of  said 
articles,  annexed  thereto  and  filed  therewith.  The  said  articles 
must  also  contain  such  other  provisions  as  the  said  board  may 
deem  requisite  and  necessary,  not  inconsistent  with  the  terms 
of  sale  or  with  this  act.  The  said  articles  must  be  approved  by 
said  board,  by  the  concurrent  vote  of  six  members,  and  its  ap- 
proval must  be  endorsed  thereon  and  attested  by  the  seal  of  the 
board  and  the  signature  of  its  presiding  officer,  and  must  then 
be  filed  in  the  office  of  the  secretary  of  state,  and  a  duly  cer- 
tified copy,  or  a  duplicate  thereof,  must  be  filed  in  the  office  of 
the  clerk  of  the  county  in  which  such  railway  or  railways  are  to 


L6 


be  constructed.  Immediately  after  the  articles  of  association 
shall  have  been  so  made,  approved  and  filed,  the  board  of  rapid 
transit  raihoad  commissioners  shall  cause  books  of  subscription 
to  the  capital  stock  of  any  such  corporation  to  be  opened,  and 
shall  give  public  notice  of  the  opening  of  such  books  and  of 
the  time  and  place  at  which  subscriptions  will  be  received  ;  and 
when  the  full  amount  of  such  capital  stock  shall  have  been 
subscribed  by  not  less  than  fifty  persons,  and  such  percentage 
of  the  amount  subscribed  as  may  have  been  fixed  by  the  board 
in  the  terms  of  sale  shall  have  been  paid  in,  in  cash,  to  such 
bank  or  trust  company  as  the  board  may  select,  the' said  board 
shall  call  a  meeting  of  the  subscribers  for  the  purpose  of  organ- 
izing the  corporation,  serving  upon  or  mailing  to  each  subscriber 
a  notice  of  such  meeting  at  least  ten  days  before  the  time 
appointed  for  holding  the  same  ;  and  the  person  or  persons 
whose  bid  shall  have  been  accepted  by  the  said  board  of  rapid 
transit  railroad  commissioners  shall,  if  they  elect  to  become 
subscribers  to  the  capital  stock  of  such  corporation,  be  entitled 
to  a  preference  for  themselves  and  their  associates  in  subscribing 
for,  and  in  the  allotment  of  the  shares  of  capital  stock  of  such 
corporation.  {Laws  1891,  ch.  4,  §  Ir>  as  avid  by  L.  1894,  ch. 
752,  §  10.) 

§  12.  At  such  meeting  of  subscribers  thirteen  directors  of 
the  corporation  shall  be  elected,  each  of  whom  shall  be  a  holder 
in  his  own  right  of  at  least  one  hundred  shares  of  the  capital 
stock  of  the  corporation,  and  the  board  of  rapid  transit  rail- 
road commissioners  shall  appoint  the  inspectors  of  the  first 
election.  Each  share  of  stock  shall  entitle  the  holder  to  one 
vote  for  each  director.  The  directors  so  selected  shall  hold 
office  for  one  year  and  until  others  are  elected  in  their  places. 
At  such  meeting  by-laws  must  be  adopted  not  inconsistent  with 
this  act,  which  by-laws  shall,  among  other  things,  provide  for  : 

[.  The  term  of  office  of  the  directors  elected  at  any  subse- 
quent meeting  of  stockholders,  which  term  shall  not  exceed 
one  year. 

2.  The  manner  of  filling  any -vacancy  which  may  occur  in 
any  office  or  in  the  board  of  directors. 

3.  The  time  and  place  of  the  annual  meeting  of  stockholders. 


17 


4.  The  manner  of  calling  and  holding  special  meetings  of 
stockholders. 

5.  The  number  of  stockholders  who  shall  attend  either  in 
person  or  by  proxy,  at  any  stockholders'  meeting  in  order  to 
constitute  a  quorum. 

6.  The  officers  of  the  corporation,  the  manner  of  their  elec- 
tion by  the  directors,  and  their  duties  and  powers,  and  among 
which  officers  there  shall  be  included  a  president,  a  secretary 
and  a  treasurer. 

7.  The  manner  of  electing  or  appointing  inspectors  of 
election. 

8.  The  manner  of  amending  the  by-laws. 

The  by-laws  may  also  provide  for  the  forfeiture  of  shares  for 
the  non  payment  of  calls  and  for  such  other  matters  as  may  be 
deemed  proper  by  the  board  of  rapid  transit  railroad  commiv 
sioners  and  they  must  be  approved  by  a  resolution  of  said 
board.    (Lazes  1891,  ch.  4,  §  12.) 

£  13.  Within  ten  days  after  the  said  subscribers'  meeting  a 
record  of  the  proceedings  thereof,  containing  a  copy  of  the 
subscription  list,  a  copy  of  the  by-laws  adopted,  and  the  names 
of  the  directors  chosen,  shall  be  prepared  and  duly  certified 
by  the  person  presiding  over,  and  person  acting  as  secretary  of 
said  meeting.  There  shall  be  attached  thereto  a  certificate  of 
the  board  of  rapid  transit  railroad  commissioners,  attested  by 
its  seal  and  the  signature  of  its  presiding  officer,  that  said  board 
has  approved  the  by-laws  adopted  at  the  subscribers'  meeting, 
and  that  said  corporation  has  been  organized  in  accordance 
with  the  provisions  of  this  act.  The  said  record  and  certificate 
shall  be  filed  by  said  board  in  the  office  of  the  secretary  of  state, 
and  a  duly  certified  copy  or  duplicate  thereof  shall  be  filed  in 
the  office  of  the  clerk  of  the  county  in  which  said  railway  or 
railways  are  to  be  built,  and  thereupon  and  upon  the  payment 
to  the  state  treasure*"  of  a  tax  of  one-eighth  of  one  per  centum 
of  the  par  value  of  the  capital  stock  of  said  corporation,  such 
corporation  shall  be  deemed  to  be  fully  organized.  A  copy  of 
said  certificate,  duly  certified  by  the  secretary  of  state,  or  by 
the  county  clerk  in  whose  office  it  is  filed,  shall  be  presumptive 
evidence  of  the  due  organization  of  such  corporation  in  all  courts 


18 


and  proceedings.  Upon  the  production  of  the  certified  copy 
of  said  certificate,  and  upon  the  order  of  such  corporation,  the 
bank  or  trust  company  in  which  the  percentage  of  subscriptions 
to  the  capital  stock  shall  have  been  deposited,  shall  pay  over  to 
any  such  corporation  the  amount  of  such  deposit,  and  said  cor- 
poration shall  repay  to  the  purchaser  or  purchasers  at  the  sale 
provided  for  in  section  seven  of  this  act,  the  expenses  paid  by 
him  or  them  to  the  city  pursuant  to  the  provisions  of  the  terms 
of  sale,  with  interest  to  the  date  of  such  re-payment.  {Laws 
1891,  ch.  4,  §  13.) 

§  14.  The  said  board  of  rapid  transit  railroad  commissioners, 
if,  in  their  judgment,  the  public  interest  requires,  may,  at  any 
time  after  the  full  organization  of  any  such  corporation,  by  the 
concurrent  vote  of  six  members,  authorize  such  corporation 
to  alter  or  add  to  the  detailed  plans  and  specifications  con- 
tained in  its  articles  of  association,  provided  the  plans  and 
specifications  as  so  modified  do  not  change  the  route  or  routes 
of  said  railway  and  be  not  inconsistent  with  the  general  plan 
of  construction  adopted  under  the  provisions  of  section  four 
of  this  act,  and  provided  also  such  modifications  be  first  ap- 
proved by  a  vote  of  two-thirds  of  the  directors  of  said  corpora- 
tion present  and  voting  at  any  special  meeting  duly  called  for 
the  purpose,  by  written  notice  stating  the  nature  of  the  busi- 
ness to  be  transacted  at  said  meeting.  When  such  authoriza- 
tion by  the  board  of  rapid  transit  railroad  commissioners  shall 
have  been  given,  a  certificate  shall  be  prepared,  and  acknowl- 
edged by  the  president  and  a  majority  of  the  directors  of  said 
corporation,  stating  the  nature  of  the  modification,  and  that 
the  same  has  been  approved  by  the  board  of  directors  in  the 
manner  above  set  forth,  to  which  certificate  there  shall  be 
attached  a  copy  of  so  much  of  the  original  plans  and  specifica- 
tions as  are  to  be  affected  by  the  modification,  and  also  the 
plans  and  specifications  as  modified.  There  shall  also  be  con- 
tained in  such  certificate  a  declaration  of  the  approval  of  said 
board  of  rapid  transit  railroad  commissioners,  attested  in  the 
same  manner  as  the  certificate  of  full  organization.  The  said 
certificate,  plans  and  specifications  shall  then  be  filed  in  the 
office  of  the  secretary  of  state,  and  a  certified  copy  or  duplicate 


L9 


thereof  shall  be  filed  in  the  office  of  the  clerk  in  which  the 
articles  of  association  are  filed.  And  thereupon  said  corpora- 
tion shall  be  authorized  to  construct  its  railway  or  railways 
and  appurtenances  in  accordance  with  such  modified  plans  and 
specifications.  {Laws  1891,  ch.  4,  §  14,  as  avid  by  L.  1894,  ch. 
752,  §  10.) 

§  15.  Every  corporation  organized  under  this  act  shall  have 
its  principal  office  and  be  taxed  on  its  property  in  the  city 
where  its  railway  or  railways  are  situated.  But  no  taxes  of  any 
kind  or  nature  shall  be  levied  or  imposed  upon  that  portion  of 
any  railway  constructed  under  this  act  which  is  in  process  of 
construction,  and  not  in  actual  operation  for  the  transportation 
of  passengers  or  freight,  but  this  exemption  from  taxation 
during  construction  shall  not  apply  to  any  portion  or  portions 
of  said  railway  after  the  date  on  which  said  portion  or  portions 
shall  have  been  opened  to  the  public  for  the  transportation  of 
passengers  or  freight.  (Lazes  1891,  ch.  4,  £  15,  as  atrid  by  L. 
1892,  ch.  556,  §  3.) 

§  16.  The  affairs  of  said  corporation  shall  be  managed  by  a 
board  of  thirteen  directors,  who  shall  be  chosen  annually,  by  a 
majority  of  the  votes  of  the  stockholders  voting  at  such  elec- 
tion, in  such  manner  as  may  be  prescribed  in  the  by-laws  of  the 
corporation,  and  they  may  and  shall  continue  to  be  directors 
until  others  are  elected  in  their  places.  In  the  election  of 
directors,  each  stockholder  shall  be  entitled  to  one  vote  for  each 
share  of  stock  held  by  him.  Vacancies  in  the  board  of  directors 
shall  be  filled  in  such  manner  as  shall  be  prescribed  by  the- by- 
laws of  the  corporation.  No  person  shall  be  a  director  unless 
he  shall  be  a  stockholder  owning  one  hundred  shares  of  stock 
absolutely  in  his  own  right,  and  qualified  to  vote  for  directors 
at  the  election  at  which  he  shall  be  chosen.  At  every  election 
of  directors  the  books  and  papers  of  such  corporation  shall  be 
exhibited  to  the  meeting,  provided  a  majority  of  the  stock- 
holders present  shall  require  it.    {Laws  1S91,  ch.  4  §  16.) 

§  17.  The  directors  shall  require  the  subscribers  to  the  capital 
stock  of  the  company  to  pay  the  amount  by  them  respectively 
subscribed  in  money  at  such  times  and  in  such  instalments  as 
they  may  deem  proper,  not  inconsistent  with  the  by-laws  and 
the  articles  of  association.    {Lazes  1891,  ch.  4  ^  17.) 


20 


§  1 8.  Each  stockholder  of  any  corporation  formed  under 
this  act  shall  be  individually  liable  to  the  creditors  of  such  cor- 
poration, to  an  amount  equal  to  the  amount  unpaid  on  the 
stock  held  by  him,  for  all  the  debts  and  liabilities  of  such  cor- 
poration, until  the  whole  amount  of  the  capital  stock  so  held 
by  him  shall  have  been  paid  to  the  corporation  ;  and  all  the 
stockholders  of  any  such  corporation  shall  be  jointly  and  sev- 
erally liable  for  the  debts  due  or  owing  to  any  of  its  laborers 
and  servants,  other  than  contractors,  for  personal  services,  for 
thirty  days'  service  performed  for  such  corporation,  but  shall 
not  be  liable  to  an  action  therefor  before  an  execution  or  exe- 
cutions .shall  be  returned  unsatisfied  in  whole  or  in  part  against 
the  corporation,  and  the  amount  due  on  such  execution  or 
executions  shall  be  the  amount  recoverable,  with  costs,  against 
such  stockholders  ;  before  such  laborer  or  servant  shall  charge 
such  stockholder  for  such  thirty  days'  service,  he  shall  give  him 
notice  in  writing  within  twenty  days  after  the  performance  of 
such  service,  that  he  intends  so  to  hold  him  liable,  and  he  shall 
commence  such  action  therefor  within  thirty  days  after  the 
return  of  such  execution  unsatisfied,  as  above  mentioned  ;  and 
every  such  stockholder  against  whom  any  such  recovery  by 
such  laborer  or  servant  shall  have  been  had,  shall  have  a  right 
to  recover  the  same  of  the  other  stockholders  in  said  corpora- 
tion, in  ratable  proportion  to  the  amount  of  the  stock  they 
shall  respectively  hold.    {Laws  1891,  ch.  4  £  18.) 

§  19.  The  stock  of  every  corporation  formed  under  this  act 
shall  be  deemed  personal  estate,  and  shall  be  transferable  in  the 
manner  prescribed  by  the  by-laws  of  the  company,  but  no  share 
shall  be  transferable  until  all  previous  calls  thereon  shall  have 
been  fully  paid  in.    (Laws  1 891 ,  ch.  4  §  19.) 

§  20.  Any  corporation  formed  under  this  act  may  increase 
or  reduce  its  capital  stock  from  time  to  time  upon  obtaining 
the  approval  of  the  board  of  rapid  transit  railroad  commis- 
sioners by  a  concurrent  vote  of  six  members  thereof.  Such 
increase  or  reduction  must  be  approved  by  a  vote  in  person,  or 
by  proxy,  of  two-thirds  in  amount  of  all  the  stockholders  of  the 
corporation,  at  a  meeting  of  such  stockholders  called  by  the 
directors  of  the  corporation  for  that  purpose,  by  a  notice  in 


21 


writing  to  each  stockholder,  to  be  served  on  him  in  the  manner 
provided  for  service  of  the  notice  of  the  subscribers'  meetings 
provided  for  in  section  eleven  of  this  act.  Such  notice  shall 
state  the  time  and  place  of  the  meeting,  and  its  object,  and  the 
amount  to  which  it  is  proposed  to  increase  or  reduce  the  capital 
stock.  A  statement  of  the  increase  or  reduction  shall  be  signed 
by  the  president  and  a  majority  of  the  directors  and  shall  be 
filed  in  the  office  of  the  secretary  of  state  and  of  the  clerk  of 
the  county  in  which  the  original  articles  of  association  are  filed. 
There  must  be  attached  thereto  a  certificate  of  the  approval 
of  said  board  of  rapid  transit  railroad  commissioners  attested 
in  the  same  manner  as  the  certificate  of  full  organization. 
{Laws  1 891,  ch.  4  §  20,  as  amd  by  L.  1894,  ch.  752  §  10.) 

^  21.  No  person  holding  stock  in  any  such  corporation,  as 
executor,  administrator,  guardian  or  trustee,  and  no  person 
holding  such  stock  as  collateral  security,  shall  be  personally 
subject  to  any  liability  as  a  stockholder  of  such  corporation  ; 
but  the  person  pledging  such  stock  shall  be  considered  as  hold- 
ing the  same;  and  shall  be  liable  as  a  stockholder  accordingly  ; 
and  the  estate  and  funds  in  the  hands  of  such  executor,  admin- 
istrator, guardian  or  trustee  shall  be  liable  in  like  manner,  and 
to  the  same  extent,  as  the  testator  of  intestate  or  the  ward  or 
person  interested  in  such  trust  fund  would  have  been  if  he  had 
been  living  and  competent  to  act,  and  held  the  same  stock  in 
his  own  name.    {Laws  1891,  ch.  4  §  21.) 

^  22.  As  often  as  any  contractor  for  the  construction  of 
any  part  of  a  railway,  which  is  in  progress  of  construction 
under  the  provisions  of  this  act,  shall  be  indebted  to  any 
laborer  for  thirty  or  any  less  number  of  days'  labor  per- 
formed in  constructing  said  road,  such  laborer  may  give 
notice  of  such  indebtedness  to  said  corporation  in  the  manner 
herein  provided  ;  and  said  corporation  shall  thereupon  become 
liable  to  pay  such  laborer  the  amount  so  due  him  for  such 
labor,  and  an  action  may  be  maintained  against  said  corpora- 
tion therefor.  Such  notice  shall  be  given  by  said  laborer  to 
said  corporation  within  twenty  days  after  the  performance  of 
the  number  of  days'  labor  for  w  hich  the  claim  is  made.  Such 
notice  shall  be  in  writing,  and   shall  state  the   amount  and 


22 


number  of  days'  labor,  and  the  time  when  the  same  was  per- 
formed and  the  name  of  the  contractor  from  whom  due,  and 
shall  be  signed  by  such  laborer  or  his  attorney,  and  shall  be 
served  on  an  engineer,  agent  or  superintendent  employed  by 
such  corporation  having  charge  of  the  section  of  the  road  on 
which  such  labor  was  performed  personally,  or  by  leaving  the 
same  at  the  office  or  usual  place  of  business  of  such  engineer, 
agent  or  superintendent  with  some  person  of  suitable  age. 
But  no  action  shall  be  maintained  against  any  corporation 
under  the  provisions  of  this  section,  unless  the  same  be  com- 
menced within  thirty  days  after  notice  is  given  to  such  com- 
pany by  such  laborer  as  above  provided.    (Laws  1 891 ,  ch.  4 

§  22.) 

§  23.  Every  such  corporation  shall  have  the  right  to  ac- 
quire and  hold  such  real  estate  or  easement  or  other  interest 
therein,  or  rights  appertaining  thereto,  as  may  be  necessary  to 
enable  it  to  construct,  maintain  and  operate  the  said  railway 
or  railways,  and  such  as  may  be  necessary  for  stations,  depots, 
engine-house,  car-houses,  machine-shops,  and  other  appurte- 
nances specified  in  the  articles  of  association  ;  and  in  case  any 
such  corporation  can  not  agree  with  the  owner  or  owners  of 
such  property  it  shall  have  the  right  to  acquire  title  to  the 
same  in  pursuance  of  the  terms  of  and  in  the  manner  pre- 
scribed in  title  one  of  chapter  twenty-three  of  the  Code  of 
Civil  Procedure,  known  as  the  condemnation  law.  (Laws  1891, 
ch.  4,  §  23.) 

§  24.  Every  corporation  formed  under  this  act  shall  have 
power  : 

1.  To  take  and  hold  such  voluntary  grants  of  real  estate 
and  other  property  as  shall  be  made  to  it,  to  aid  in  the  con- 
struction, maintenance  and  accommodation  of  its  railway  or 
railways,  but  the  real  estate  received  by  voluntary  grant  shall 
be  held  and  used  for  the  purposes  of  such  grant  only. 

2.  To  purchase,  lease,  hold  and  use  all  such  real  estate  and 
other  property  as  may  be  necessary  for  the  construction  and 
maintenance  of  its  railway  or  railways,  and  the  stations  or 
other  accommodations  necessary  to  accomplish  the  objects  of 
its  incorporation  ;  but  nothing  herein  contained  shall  be  held  as 


23 


repealing*  or  in  any  way  affecting  the  act,  entitled  M  An  act 
authorizing  the  construction  of  railroads  upon  Indian  lands," 
passed  May  twelve,  eighteen  hundred  and  thirty-six. 

3.  To  cross,  intersect,  join  and  unite  its  railway  or  rail- 
ways with  any  other  railway  at  any  point  on  its  route 
and  upon  the  grounds  of  such  other  railway  company, 
with  the  necessary  turnouts,  sidings  and  switches  and  other 
conveniences  in  furtherance  of  the  objects  of  its  connec- 
tions. And  every  corporation  whose  railway  is  or  shall  be 
hereafter  intersected  by  any  new  railway,  shall  unite  with  the 
owners  of  such  new  railway  in  forming  such  intersections  and 
connections,  and  grant  the  facilities  aforesaid  ;  and  if  the  two 
corporations  can  not  agree  upon  the  amount  of  compensation 
to  be  made  therefor,  the  same  shall  be  ascertained  and  deter- 
mined by  commissioners  to  be  appointed  by  the  court,  in  the 
manner  provided  in  this  act  in  respect  to  acquiring  title  to  real 
estate.  And  if  the  two  corporations  can  not  agree  upon  the 
points  and  manner  of  such  crossings  and  connections,  the 
board  of  rapid  transit  railroad  commissioners  shall  determine 
the  same  on  the  application  of  either  corporation. 

4.  To  take  and  convey  persons  and  property  on  its  railway 
or  railways  by  the  power  or  force  of  steam,  or  by  any  motor 
other  than  animal  power,  and  to  receive  compensation  therefor 
not  inconsistent  with  the  provisions  of  this  act,  and  the  terms 
of  sale  under  which  the  said  corporation  shall  have  acquired 
its  right b,  privileges  and  franchises. 

5.  To  enter  upon  and  underneath  the  several  streets,  ave- 
nues, public  places  and  land  designated  by  the  said  board  of 
rapid  transit  railroad  commissioners,  and  enter -into  and  upon 
the  soil  of  the  same  ;  to  construct,  maintain,  operate  and  use, 
in  accordance  with  the  plan  adopted  by  said  board,  a  railway 
or  railways  upon  the  route  or  routes  and  to  the  points  decided 
upon,  and  to  secure  the  necessary  foundations  and  erect  the 
columns,  piers  and  other  structures  which  may  be  required  to 
secure  safety  and  stability  in  the  construction  and  maintenance 
of  the  railways  constructed  upon  the  plan  adopted  by  the  said 
board,  and  which  maybe  necessary  for  operating  the  same; 
except  that  nothing  in  this  act  shall  authorize  the  construction 


24 


of  a  railway  crossing  the  track  of  any  steam  railway  in  actual 
operation  at  the  grade  thereof,  and  it  shall  be  lawful  to  make 
such  excavations  and  openings  along  the  route  through  which 
such  railway  or  railways  shall  be  constructed  as  shall  be  neces- 
sary from  time  to  time  ;  in  all  cases  the  surface  of  said  streets 
around  such  foundations,  piers  and  columns  shall  be  restored 
to  the  condition  in  which  they  were  before  such  excavations 
were  made,  as  near  as  may  be,  and  under  the  direction  of  the 
proper  local  authorities;  and  in  all  cases  the  use  of  the  streets, 
avenues,  places  and  lands  designated  by  the  said  board,  and 
the  right  of  way  through  the  same,  for  the  purpose  of  a  rail- 
way or  railways,  as  herein  authorized  and  provided,  shall  be 
considered,  and  is  hereby  declared,  to  be  a  public  use,  consistent 
with  the  uses  for  which  the  roads,  streets,  avenues  and  public 
places  are  publicly  held  ;  but  no  such  corporation  shall  have 
the  right  to  acquire  the  use  or  occupancy  of  public  parks  or 
squares  in  such  county,  or  the  use  or  occupancy  of  any  of  the 
streets  or  avenues,  except  such  as  may  have  been  designated 
for  the  route  or  routes  of  such  railway,  and  except  such  tem- 
porary privileges  as  the  proper  authorities  may  grant  to  such 
corporations  to  facilitate  such  construction. 

6.  From  time  to  time  to  borrow  such  sums  of  money  as 
may  be  necessary  for  completing  and  finishing  or  operating 
their  railroad,  and  to  issue  and  dispose  of  their  bonds  for  such 
purposes  ;  but  the  amount  of  such  bonds  outstanding  at  any 
one  time  shall  not  exceed  the  amount  limited  by  the  articles 
of  association.  {Laws  1891,  ch.  4,  §  24,  as  airid  by  L.  1892, 
ch.  556,  §4.) 

§  25.  Every  conductor,  baggage  master,  engineer,  brake- 
man  or  other  servant  of  any  railroad  corporation  employed  in 
a  passenger  train,  or  at  stations  for  passengers,  shall  wear  upon 
his  hat  or  cap  a  badg^,  which  shall  indicate  his  office,  and  the 
initial  letter  of  the  style  of  the  corporation  by  which  he  is 
employed.  No  conductor  or  collector,  without  such  badge, 
shall  be  entitled  to  demand  or  receive  from  any  passenger  any 
fare  or  ticket,  or  to  exercise  any  'of  the  powers  of  his  office  ; 
and  no  officer  or  servant  without  such  badge  shall  have 
authority  to  meddle  or  interfere  with  any  passenger,  his 
baggage  or  property.    {Laws  1 891,  ch.  4,  §  25.) 


25 


§  26.  Any  corporation  or  person  operating  a  railroad 
under  any  provision  of  this  act  or  of  any  act  supplementary 
hereto  or  amendatory  hereof  shall,  when  applied  to  by  the 
postmaster-general,  convey  the  mails  of  the  United  States  on 
their  road  or  roads  respectively  ;  and  in  case  the  parties  cannot 
agree  as  to  the  rate  of  transportation  therefor,  and  as  to  the 
time,  rate  of  speed,  manner  and  conditions  of  carrying  the 
same,  it  shall  be  lawful  for  the  governor  of  this  state  to  ap- 
point three  commissioners,  who,  or  a  majority  of  them,  after 
fifteen  days'  notice  in  writing  of  the  time  and  place  of  meeting 
to  the  corporation,  shall  determine  and  fix  the  prices,  terms 
and  conditions  aforesaid  ;  but  such  price  shall  not  be  less  for 
carrying  said  mails  in  the  regular  passenger  trains  than  the 
amount  which  such  corporation  would  receive  as  freight  on  a 
like  weight  of  merchandise  transported  in  their  merchandise 
trains,  and  a  fair  compensation  for  the  post-office  car.  And  in 
case  the  postmaster-general  shall  require  the  mail  to  be  carried 
at  other  hours,  or  at  a  higher  speed  than  the  passenger  trains 
are  run,  the  corporation  shall  furnish  an  extra  train  for  the  mail 
and  be  allowed  an  extra  compensation  for  the  expenses  and 
wear  and  tear  thereof,  and  for  the  service  to  be  fixed  as  afore- 
said.   (Laws  1 891 ,  cli.  4,  §  26,  as  avidly  L.  1895,  ch.  519,  £  6.) 

§  27.  If  any  passenger  shall  refuse  to  pay  his  fare,  it  shall 
be  lawful  for  the  conductor  of  the  train  and  the  servants  of  the 
corporation  to  put  him  and  his  baggage  out  of  the  cars,  using 
no  unnecessary  force,  at  any  usual  stopping  place,  on  stopping 
the  train.    (Lazes  1 891 ,  di.  4,  £  27.) 

^  28.  Every  such  corporation  shall  start  and  run  its  cars  for 
the  transportation  of  passengers  and  property  at  regular  times, 
to  be  fixed  by  public  notice  ;  and  shall  furnish  sufficient  ac- 
commodations for  the  transportation  of  all  such  passengers 
and  property  as  shall,  within  a  reasonable  time  previous  there- 
to, be  offered  for  transportation  at  the  place  of  starting  and 
the  junction  of  other  railroads,  and  at  usual  stopping  places 
established  for  receiving  and  discharging  way  passengers  and 
freight  for  that  train  ;  and  shall  take,  transport  and  discharge 
such  passengers  and  property  at,  from  and  to  such  places,  on 
the  due  payment  of  the  freight  or  fare  legally  authorized  there- 


26 


for ;  and  shall  be  liable  to  the  party  aggrieved  in  an  action  for 
damages,  for  any  neglect  or  refusal  in  the  premises.  {Laws 
1 89 1,  ch.  4,  §  28.) 

§  29.  If  any  person  shall,  while  in  charge  of  a  locomotive 
engine  running  upon  the  railway  of  any  such  corporation,  or 
while  acting  as  the  conductor  of  a  car  or  train  of  cars  on  any 
such  railroad,  be  intoxicated,  he  shall  be  deemed  guilty  of  a 
misdemeanor.    {Laws  1 891 ,  ch.  4,  §  29.) 

§  30.  If  any  person  or  persons  shall  wilfully  do,  or  cause 
to  be  done,  any  act  or  acts  whatever,  whereby  any  building, 
construction  or  work  of  or  on  any  part  of  any  railroad  either 
constructed  or  operated  under  any  provision  of  this  act  or  of 
any  act  supplementary  hereto  or  amendatory  hereof,  or 
under  any  provision  of  any  contract  made  under  this  act 
or  any  act  supplementary  hereto  or  amendatory  hereof, 
or  any  engine,  machine  or  structure,  or  any  matter  or  thing 
appertaining  to  the  same,  shall  be  stopped,  obstructed,  im- 
paired, weakened,  injured  or  destroyed,  the  person  or  persons 
so  offending  shall  be  guilty  of  a  misdemeanor,  and  shall  forfeit 
and  pay  to  the  owner  of  such  building,  construction,  works, 
engine,  machine,  structure,  matter  or  thing  treble  the  amount 
of  damages  sustained  in  consequence  of  such  offence.  {Laws 
1 89 1,  ch.  4,  §  30,  as  auid  by  L.  1895,  ch.  519,  §  7.) 

§  31.  The  legislature  may,  at  any  time,  annul  or  dissolve 
any  corporation  formed  under  this  act  ;  but  such  dissolution 
shall  not  take  away  or  impair  any  remedy  given  against  any 
such  corporation,  its  stockholders  or  officers,  for  any  liability 
which  shall  have  been  previously  incurred.    {Laws  1891,  ch.  4, 

§  3I-) 

§  32.  The  said  board  of  rapid  transit  railroad  commissioners 
may  also  from  time  to  time,  upon  application  of  any  railway 
corporation  owning  or  actually  operating  a  railroad  wholly  or 
in  part  within  the  limits  of  the  city  in  which  the  said  board 
has  power  to  act,  if  in  the  judgment  of  said  board  the  public 
interests  so  demand,  by  the  concurrent  vote  of  six  of  the 
members  of  said  board  fix  and  determine  the  route  or  routes  by 
which  any  such  railway  company  may  connect  with  other 
steam  railways,  or  the  stations  thereof,  or  with  steam  ferries, 


B7 


or  may  extend  its  lines  within  said  city,  and  may  authorize  any 
such  railway  company  to  lay  an  additional  track  or  tracks  on, 
above,  under  or  contiguous  to  a  portion  or  the  whole  of  the 
route  or  routes  of  its  railway  or  railways  within  said  city  and 
to  acquire  terminal  or  other  facilities  necessary  for  the  accom- 
modation of  the  traveling  public  on  any  street  or  place  except 
the  place  now  known  as  Battery  park  on  which  said  railway 
shall  be  located  ;  and  may  also  authorize  any  such  railway  com- 
pany to  lay  its  tracks  and  operate  its  railway  to  any  terminal  or 
terminals  within  the  said  city,  and  to  transport  over  the  same 
passengers  or  freight  or  both,  and  to  run  over  the  same  either 
passenger  trains  or  freight  trains  or  mixed  trains  ;  and  the  said 
board  shall  fix  and  determine  the  locations  and  plans  of  con- 
struction of  the  railways  upon  such  route  or  routes  and  of  such 
tracks  and  facilities,  the  times  within  which  they  shall  be  respect- 
ively constructed,  the  compensation  to  be  made  therefor  to  the 
city  by  said  railway  company,  and  such  other  terms,  conditions 
and  requirements  as  to  the  said  board  may  appear  just  and 
proper, — provided,  however,  that  every  such  determination,  au- 
thorization and  license  shall  be  made  upon  the  condition  that 
such  corporation  shall,  from  the  time  of  the  commencement  of 
the  operation  of  any  such  railway  or  track  or  tracks  under  such 
determination,  authorization  or  license,  annually  pay  to  the 
said  city  a  sum  or  rental,  and  that  the  amount  of  such  sum 
or  rental  for  a  period  of  not  more  than  thirty-five  years,  be- 
ginning with  such  operation  of  any  such  railway  track  or  tracks, 
shall  be  prescribed  by  the  said  board  in  such  determination, 
authorization  or  license,  and  that  every  such  determination, 
authorization  and  license  shall  provide  for  the  readjustment 
of  the  amount  of  such  sum  or  rental  at  the  expiration  of  the 
period  for  which  the  same  shall  be  so  prescribed  and  for  read- 
justment from  time  to  time  in  the  future  of  the  amount  of  such 
annual  payment  at  intervals  each  of  not  more  than  thirty-five 
years.  A  certificate  shall  be  prepared  by  the  said  board, 
attested  by  its  seal  and  the  signature  of  its  presiding  officer, 
setting  forth  in  detail  the  action  taken  by  the  said  board  with 
respect  to  such  connecting  or  extended  route  or  routes  and 
such  tracks  and  facilities,  and  the  terms,  conditions  and  require- 


28 


ment  aforesaid,  including  provisions  as  to  the  said  annual  pay- 
ments and  the  future  readjustments  thereof.  Alike  certificate 
shall  be  prepared  in  like  manner  upon  every  modification  of  the 
terms  of  the  contract  as  hereinafter  provided.  Each  such  certifi- 
cate shall  prescribe  the  terms  and  conditions  of  the  readjust- 
ments of  such  annual  payments  and  may  provide  for  the  deter- 
mination of  such  amount  upon  such  readjustments  by  arbitration 
or  by  the  Supreme  Court.  Such  certificate  shall  be  delivered  to 
said  railway  corporation  upon  the  receipt  by  said  board  of  a  writ- 
ten acceptance  of  said  terms,  conditions  and  requirements,  duly 
executed  by  said  railway  corporation,  so  as  to  entitle  it  to  be 
recorded.  The  said  certificate  shall  be  filed  in  the  office 
of  the  secretary  of  state,  and  a  duly  certified  copy  thereof 
shall  be  filed  in  the  office  of  the  clerk  of  the  county 
in  which  the  said  city  is  situated,  and  thereupon,  and  upon  fulfil- 
ment by  such  railway  corporation,  so  far  as  it  relates  to 
such  connections,  additional  track  or  tracks,  or  facilities, 
of  such  of  the  requirements  and  conditions  as  are  necessary  to 
be  fulfilled  in  such  cases,  under  section  eighteen  of  article  three 
of  the  constitution  of  this  state,  and  upon  fulfilment  by  such 
railway  corporation  of  such  other  terms,  conditions  and  require- 
ments enumerated  in  said  certificate,  as  the  said  board  may 
require  to  be  fulfilled  as  a  condition  precedent  to  commencing 
said  work,  said  railway  company  shall  in  such  cases  possess  in 
addition  to  existing  franchises  all  the  powers  conferred  by  this 
act  upon  corporations  specially  formed  thereunder,  with  respect 
to  its  railways  authorized  to  be  constructed  as  aforesaid,  and 
when  any  route  or  routes,  additional  track  or  tracks,  or  ter- 
minal or  other  facilities,  shall  be  so  fixed  and  determined,  and  a 
certificate  as  aforesaid  shall  have  been  duly  filed,  such  railway 
company  may  construct  the  same  with  all  the  rights,  and  with 
like  effect  as  though  the  same  had  been  a  part  of  the  original 
route  of  its  railway  then  in  actual  operation.  The  certificate 
or  certificates  prepared  by  the  board  of  rapid  transit  railroad 
commissioners  as  aforesaid  when  delivered  to  and  accepted  by 
such  railway  corporation,  shall  be  deemed  to  constitute  a  con- 
tract between  the  said  city  and  said  railway  company  according 
to  the  terms  of  the  said  certificate  ;   and  such  contract  shall  be 


enforceable  by  the  said  board  acting  in  the  name  of  and  in  behalf 
of  the  said  city  or  by  the  said  company  according  to  the  terms 
thereof,  but  subject  to  the  provisions  of  this  act.  The  terms  of 
such  contract  may  from  time  to  time,  with  the  consent  of  such 
company,  be  modified  by  the  board  of  rapid  transit  railroad 
commissioners  by  the  vote  of  six  of  its  members.  But  the  con- 
struction and  operation  of  such  connections,  extensions,  addi- 
tional track  or  tracks,  or  facilities,  are  hereby  authorized  only 
upon  the  condition  that  the  consent  of  the  owners  of  one-half 
in  value  of  the  property  bounded  on,  and  the  consent  also  of 
the  local  authorities  having  the  control  of  that  portion  of  a 
street  or  highway  upon,  above  or  under  which  it  is  proposed 
to  construct  or  operate  the  same,  be  first  obtained,  or  in  case 
the  consent  of  such  property  owners  cannot  be  obtained,  the 
general  term  of  the  supreme  court  in  the  district  in  which  they 
are  proposed  to  be  constructed,  may,  upon  application,  in  the 
same  manner  and  on  the  same  notice  specified  in  section  five 
of  this  act,  appoint  three  commissioners,  who  shall  determine 
after  a  hearing  of  all  parties  interested,  whether  the  same  ought 
to  be  constructed  or  operated,  and  their  determination,  con- 
firmed by  the  court,  may  be  taken  in  lieu  of  the  consent  of  the 
property  owner.  {Laws  1891,  ck.  4,  £  32,  as  atn  d  by  L.  1895, 
cli.  519,  §  8.  ) 

j<  33.  Wherever  or  whenever  the  route  selected  by  the  said 
board  of  rapid  transit  railroad  commissioners  for  the  construc- 
tion of  such  railway  shall  intersect,  cross  or  coincide  with  any 
railway  track  or  tracks  occupying  the  surface  of  any  street  or 
avenues,  or  the  construction  or  operation  of  said  railway  shall 
interfere  with  any  pipes,  sewers,  subways,  or  underground  con- 
duits or  ways,  any  corporation  organized  under  this  act,  or  any 
contractor  or  person  constructing  any  railway  or  part  of  a  rail- 
way under  any  contract  made  with  the  board  of  rapid  transit 
railroad  commissioners,  is  hereby  authorized,  for  the  purpose  of 
constructing  the  said  work,  to  remove  the  track  or  tracks  of 
any  such  surface  railway  or  railways,  or  any  such  pipes,  sewers, 
subways,  or  underground  conduits  or  ways,  but  the  same  shall  be 
done  in  such  manner  as  to  interfere  as  little  as  possible  with 
the  practical  operation  or  workings  of  such  surface  railway  or 


3u 


railways,  or  the  works  or  business  of  the  owners  of  any  such 
pipes,  sewers,  subways,  or  underground  conduits  or  ways,  and 
upon  the  construction  of  such  railway  built  under  and  in  con- 
formity with  the  provisions  of  this  act,  where  such  removals  or 
changes  have  been  made,  said  track  or  tracks,  pipes,  sewers, 
subways  or  underground  conduits  or  ways  shall  be  re- 
stored, as  nearly  as  may  be,  to  the  condition  in  which  they  were 
previous  to  the  construction  of  any  such  railway  built  under  the 
provisions  of  this  act,  and  any  damages  which  such  company 
or  companies  or  owners  may  sustain,  shall  be  ascertained 
by  a  commission  to  be  appointed  the  same  as  in  the  case  where 
lands  are  taken  for  the  purpose  of  a  railway  route  or  routes  as 
hereinbefore  provided  in  this  act.  For  the  purpose  of  the  con- 
struction or  operation  of  any  railway  under  the  provisions  of 
this  act,  the  board  of  rapid  transit  railroad  commissioners 
may  remove  or  cause  to  be  removed,  any  pipes,  sewers,  subways 
or  underground  conduits  or  ways  underneath  any  street,  high- 
way, park,  or  public  place,  provided,  however,  that  the  same 
shall  be  replaced  as  soon  as  practicable,  either  in  the  same  posi- 
tion as  before  or  in  a  secure  and  convenient  position  underneath 
such  street,  highway,  or  public  place.  All  such  removals  and  re- 
storations shall  be  made  at  the  proper  cost  and  charge  of  such 
corporation,  contractor,  or  person  as  may  have  made  such  re- 
movals, but  subject  to  the  provisions  of  its,  his,  or  their  contract, 
if  any,  with  the  board  of  rapid  transit  railroad  commis- 
sioners. Nothing  contained  in  this  act  shall  authorize  any 
corporation  formed  thereunder  to  use  the  tracks  of  any 
horse  railway.  For  the  purpose  of  facilitating  construction,  and 
to  diminish  the  period  of  occupancy  of  any  street  for  the  trans 
portation  of  material,  any  contractor  acting  under  a  contract 
made  in  pursuance  of  this  act,  or  of  any  act  supplementary 
hereto  or  amendatory  hereof,  may  with  the  approval  of  the 
board  of  rapid  transit  railroad  commissioners  lay  upon  or  over 
the  surface  of  any  street,  temporary  tramways  to  be  used  only 
for  the  removal  of  excavated  materials  or  the  transportation  of 
material  for  use  in  the  construction.  Provided,  however,  that 
any  such  tramway  shall  be  forthwith  removed  upon  the  direc- 
tion of  the  board  of  rapid  transit  railroad  commissioners  ;  and 


81 


provided  further,  that  this  provision  shall  not  be  construed  to 
authorize  the  construction  or  operation  of  any  street  railroad, 
or  to  grant  to  any  corporation,  association  or  individual  the 
right  to  lay  down  railroad  tracks.  {Laws  1891,  ch.  4,  ^  33,  as 
amdby  L.  1895,  cJi.  519,  §  9.) 

§  34.  In  case  the  people  shall  determine  by  vote,  as 
provided  in  sections  twelve  and  thirteen  of  chapter 
seven  hundred  and  fifty-two  of  the  laws  of  eighteen 
hundred  and  ninety-four,  that  any  such  railway  or  railways 
shall  be  constructed  for  and  at  the  expense  of  such  city, 
then  and  in  that  event  it  shall  be  the  duty  of  said  board 
to  consider  the  routes,  plans  and  specifications,  if  any, 
previously  laid  out  and  adopted  by  them  or  their  predeces- 
sors, and  for  which  the  consents  have  been  obtained  referred 
to  in  section  five  of  this  act ;  and  either  to  proceed  with 
the  construction  of  such  railway  or  railways,  and  provide 
for  the  operation  of  the  same,  as  hereinafter  provided, 
or  to  change  and  modify  the  said  routes,  plans  or  speci- 
fications in  such  particulars  as  to  said  board  may  seem  to  be 
desirable,  or  to  adopt  other  or  different  routes,  plans  and 
specifications  for  such  railway  or  railways,  provided,  always 
that  in  all  cases  in  which  any  such  change  or  modification  shall 
be  of  such  a  character  as  to  require  the  consents  thereto 
referred  to  in  section  five  of  this  act,  and  in  all  cases  where 
other  or  different  routes  or  general  plans  may  have  been  so 
adopted  the  said  board  shall  proceed  to  secure  the  consents 
required  to  be  obtained  by  section  five  of  this  act  as  therein 
set  forth.  As  soon  as  such  consents,  where  necessary,  shall 
have  been  obtained,  and  the  detailed  plans  and  specifications 
have  been  prepared  as  provided  in  section  six  of  tiiis  act,  the 
said  board,  for  and  in  behalf  of  said  city,  shall  enter  into  a 
contract  with  any  person,  firm  or  corporation,  which  in  the 
opinion  of  said  board  shall  be  best  qualified  to  fulfil  and  carry 
out  said  contract,  for  the  construction  of  such  road  or  roads, 
upon  the  routes  and  in  accordance  with  the  plans  and  speci- 
fications so  adopted,  for  such  sum  or  sums  of  money,  to  be 
raised  and  paid  out  of  the  treasury  of  said  city,  as  hereinafter 
provided,  and  on  such  terms  and  conditions,  not  inconsistent 


32 


with  the  aforesaid  plans  and  specifications,  as  said  board  shall 
determine  to  be  best  for  the  public  interests.  And  said  board 
may  contract  for  the  construction  of  the  whole  road,  or  all  the 
roads  provided  for  by  the  aforesaid  plans  in  a  single  contract, 
or  may  by  separate  contracts,  executed  from  time  to  time,  pro- 
vide for  the  construction  of  parts  of  said  road  or  roads,  or  for  the 
construction  at  first  of  two  or  more  tracks  over  a  part  or  parts 
of  such  road  or  roads,  and  afterwards  of  one  or  more  additional 
tracks  over  a  part  or  parts  of  such  road  or  roads,  as  the  necessi- 
ties of  said  city  and  the  increase  of  its  population  may  in  the 
judgment  of  said  board  require.  The  board  may  also  in  a  con- 
tract for  a  part  of  such  a  road  insert  a  provision  that  at  a  future 
time  upon  the  requirement  of  the  board  the  contractor  shall 
construct  the  remainder  or  any  part  of  the  remainder  of  said 
road,  as  the  growth  of  population  or  the  interests  of  the  city 
may  in  the  judgment  of  the  board  require,  and  may  in  such 
contract  insert  a  provision  of  a  method  for  fixing  and  ascer- 
taining at  such  future  time  the  amount  to  be  paid  to  the  con- 
tractor for  such  additional  construction,  and  to  the  end  of  such 
ascertainment  may  provide  for  arbitration  or  for  determination 
by  a  court  of  the  amount  of  such  compensation,  or  of  any 
other  details  of  construction  which  shall  not  be  prescribed  in 
the  contract,  but  which  shall  be  deemed  necessary  or  convenient 
by  said  board.  Any  such  contract  may  provide,  if  the  public 
interest  shall,  in  the  opinion  of  the  board,  justify  the  provision, 
that  the  construction  of  any  section  or  portion  of  the  road  may, 
with  the  consent  of  the  board,  be  suspended  during  the  term  of 
operation  of  the  railroad  as  hereinafter  mentioned,  or  any  part 
of  such  term,  provided,  that  during  such  term  or  part  of  term 
the  contractor  shall  use  in  lieu  of  such  portion  of  the  road  a 
railroad  owned  or  leased  by  the  contractor  or  a  portion  or  sec- 
tion thereof,  which  shall,  with  the  railroad  or  portion  of  railroad 
constructed  by  it  under  its  contract  with  the  board,  form 
a  continuous  and  convenient  route.  Such  contract  shall  also  pro- 
vide that  the  person,  firm  or  corporation  so  contracting  to 
construct  said  road  or  roads  shall,  at  his  or  its  own  cost  and 
expense,  equip,  maintain  and  operate  said  road  or  roads  for  a 
term  of  years  to  be  specified  in  said  contract,  not  less  than 


33 


thirty-five,  nor  more  than  fifty  years,  and  upon  such  terms  and 
conditions  as  to  the  rates  of  fare  to  be  charged  and  the  char- 
acter of  service  to  be  furnished  and  otherwise  as  said  board 
shall  deem  to  be  best  suited  to  the  public  interests,  and  sub- 
ject to  such  public  supervision  and  to  such  conditions,  regula- 
tions and  requirements  as  may  be  determined  upon  by  said 
board,  provided,  that  in  case  the  contract  shall  provide  for  con- 
struction at  different  times  or  at  intervals  of  time  of  different 
parts  of  a  road,  or  if  the  contract  shall  provide  for  the  use  by  the 
contractor  of  an  existing  railroad  as  part  of  a  continuous  route 
as  aforesaid,  then  and  in  any  such  case  the  board  of  rapid  transit 
railroad  commissioners  may  in  its  discretion  prescribe  periods 
for  the  operation  of  the  different  parts  of  said  road  so  that  at 
one  period  of  time  in  the  future  the  board  may  be  enabled  to 
make  a  single  operating  contract  or  lease  of  the  entire  road. 
Such  contract  shall  further  provide  by  proper  stipulations  and 
covenants  on  the  part  of  the  said  city,  that  the  said  city  shall 
secure  and  assure  to  the  contractor,  so  long  as  the  contractor 
shall  perform-  the  stipulations  of  the  contract,  the  right  to  con- 
struct and  to  operate  the  road  as  prescribed  in  the  con- 
tract, free  of  all  right,  claim,  or  other  interference,  w  hether 
by  injunction,  suit  for  damages,  or  otherwise,  on  the  part 
of  any  owner,  abutting  owner,  or  other  person.  Such  con- 
tract shall  further  provide  that  the  person,  firm  or  corporation 
so  contracting  to  construct,  maintain  and  operate  said  road 
shall  annually  pay  into  the  treasury  of  said  city,  as  rental  for 
the  use  of  said  road,  a  sum  which  shall  not,  except  as  herein- 
after provided,  be  less  than  the  annual  interest  upon  the  bonds 
to  be  issued  by  said  city  for  the  construction  of  said  road  as 
hereinafter  provided  for,  and  in  addition  to  said  interest,  a 
further  sum  which  shall  be  equal  to  a  percentage  of  not  less 
than  one  per  centum  upon  the  whole  amount  of  said  bonds, — 
provided,  that  in  estimating  such  annual  interest  and  additional 
percentage  there  shall  be  deducted  from  the  amount  or  said 
bonds  the  amount  thereof  issued  to  pay  for  rights,  terms,  ease- 
ments, privileges  or  property  other  than  lands  acquired  in  fee. 
Such  rental  and  the  term  for  the  operation  of  said  road  shall 
begin  as  to  said  road  or  any  section  thereof  when  the  same 


54 


shall  be  declared  by  the  board  of  rapid  transit  railroad  com- 
missioners to  be  completed  and  ready  for  operation.  For  the 
purpose  of  estimating  such  one  per  centum  per  annum  upon 
the  ascertainment  of  the  amount  of  such  rental,  there  shall  be 
included  such  portion  of  the  said  bonds  as  shall  have  been 
issued  to  pay  interest  on  bonds  theretofore  issued  un- 
der the  provisions  of  this  act,  except  bonds  issued  to 
pay  for  rights,  terms,  easements,  privileges,  or  property 
other  than  lands  acquired  in  fee.  The  aforesaid  annual 
rental  shall  be  paid  at  such  times  during  each  year  as 
said  board  shall  require,  and  shall  be  applied  first  to  the  pay- 
ment of  the  interest  on  said  bonds,  as  the  same  shall  accrue  and 
fall  due,  and  the  remainder  of  said  rental-  not  required  for  the 
payment  of  said  interest  shall  be  paid  into  the  sinking  fund, 
for  the  payment  of  the  city  debt,  if  there  shall  be  such  sinking 
fund  in  said  city,  or,  if  there  be  none  such,  then  said  balance  of 
said  rental  shall  be  securely  invested,  and  with  the  annual  accre- 
tions of  interest  thereon,  shall  constitute  a  sinking  fund  for  the 
payment  and  redemption  at  maturity  of  the  bonds  issued,  as 
hereinafter  provided.  Said  contract  may  also  provide  for  a 
renewal  or  renewals  of  the  lease  of  said  road  upon  the  expira- 
tion of  the  original  term  and  of  any  renewals  of  the  same 
upon  such  terms  and  conditions  as  to  said  board  may  seem  just 
and  proper,  and  may  also  contain  provisions  for  the  valua- 
tion of  the  whole  or  a  part  of  the  property  of  said  contract- 
ing person,  firm  or  corporation,  employed  in  and  about  the 
equipment,  maintenance  and  operation  of  said  road,  and  for 
the  purchase  of  the  same  by  the  city,  at  such  valuation,  or  a 
percentage  of  the  same,  should  said  lease  not  be  so  re- 
newed at  any  time.  Said  contract  may  provide  for  the 
construction  of  said  road  in  sections,  and  except  as  herein  other- 
wise provided,  shall  specify  when  the  construction  of  said  road, 
or  sections  of  the  same  shall  be  commenced,  and,  in 
each  case,  the  date  of  completion.  It  shall  also  state  the 
date  on  which  the  operation  of  the  road,  or  of  any  section 
thereof,  shall  commence.  The  person,  firm  or  corporation  so 
contracting  for  the  construction,  equipment,  maintenance  and 
operation   of   said    road,   shall   give   a    bond    to    said  city, 


in  sucli  amount  as  said  board  of  rapid  transit  rail- 
road commissioners  shall  require,  and  with  sureties  to  be  ap- 
proved by  said  board,  who  shall  justify  in  the  aggregate  in 
double  the  amount  of  said  bond.  Said  bond  shall  be  a  continu- 
ing security,  and  shall  provide  for  the  prompt  payment  by 
said  contracting  person,  firm  or  corporation,  of  the  amount  of 
annual  rental  specified  in  the  aforesaid  contract,  and  also  for 
the  faithful  performance  by  said  contracting  person,  firm  or  cor- 
poration, of  all  the  conditions,  covenants  and  requirements  speci- 
fied and  provided  for  in  said  contract.  The  said  contracting 
person,  firm  or  corporation  shall  also  simultaneously  with  the 
execution  and  delivery  of  said  contract,  deposit  with  the  comp- 
troller or  other  chief  financial  officer  of  such  city  the  sum  of  one 
million  dollars  in  cash  or  in  securities  of  a  value  not  less  than  one 
million  dollars,  which  securities  shall  be  of  the  character  of 
those  in  which  the  savings  banks  of  this  state  are  authorized  by 
law  to  invest  moneys,  and  shall  be  approved  by  the  board  of 
rapid  transit  railroad  commissioners,  which  cash  or  securities 
shall,  under  such  terms  and  conditions  as  shall  be  provided  in  the 
said  contract,  be  further  security  for  the  faithful  performance 
by  such  contracting  person,  firm  or  corporation  of  all  the 
covenants,  conditions  and  requirements  specified  and  provided 
for  in  said  contract  relating  to  the  construction  and  equip- 
ment of  said  road,  and  the  city  in  and  for  which  said  road  shall 
be  constructed  shall  also  have  a  first  lien  upon  the  rolling  stock 
and  other  property  of  said  contracting  person,  firm  or  cor- 
poration, constituting  the  equipment  of  said  road  and  used  or 
intended  for  use  in  the  maintenance  and  operation  of  the 
same,  as  further  security  for  the  faithful  performance  by  such 
contracting  person,  firm  or  corporation  of  the  covenant,  condi- 
tions and  agreements  of  said  contract  on  his,  their,  or  its  part 
to  be  fulfilled  and  performed,  and  in  case  of  the  breach  of 
any  such  covenant,  condition  and  agreement  said  lien  shall  be 
subject  to  foreclosure  by  action,  at  the  suit  of  such  city,  in  the 
same  manner,  as  far  as  may  be,  as  is  then  provided  by  law  in  the 
case  of  foreclosure  by  action  of  mortgages  on  real  estate.  The 
said  board  of  rapid  transit  railroad  commissioners  maw  how- 
ever, from  time  to  time,  by  a  concurrent  vote  of  six  of  the 


30 


members  of  said  board,  relieve  from  such  lien,  any  of  the  property 
to  which  the  same  may  attach,  upon  receiving  additional  secu- 
rity which  may  be  deemed  by  said  board  so  voting  to  be  the 
equivalent  of  that  which  it  is  proposed  to  release  and  other- 
wise upon  such  terms  as  to  such  board  so  voting  shall  seem 
just.  Upon  the  completion  of  the  construction  and  equipment 
of  said  road  to  the  satisfaction  of  said  board,  and  when  the 
operation  of  the  same  shall  have  commenced  pursuant  to  said 
contract,  it  shall  be  the  duty  of  the  comptroller  or  other  chief 
financial  officer  to  pay  to  the  said  contracting  person,  firm  or 
corporation  said  sum  of  one  million  dollars  in  cash  or  the  said 
securities  so  to  be  deposited  as  above  provided,  and  said  con- 
tracting person,  firm  or  corporation  shall' also  be  then  entitled 
to  be  credited  upon  the  rental  which  he,  they  or  it  shall  have 
contracted  to  pay  to  said  city  for  the  use  of  said  road  a  sum 
which  shall  be  equal,  as  the  case  may  be,  either  to  the  interest 
on  the  sum  of  one  million  dollars  for  the  time  of  such  deposit 
at  the  rate  of  interest  provided  for  in  the  bonds  which  shall 
have  been  issued  and  sold  by  the  city  to  provide  for  the  con- 
struction of  said  road  or  to  the  interest,  dividends,  or  other  in- 
come which  said  city  shall  have  received  from  the  said  securi- 
ties. The  said  contract  shall  further  provide  that  in  case  of 
default  in  paying  the  annual  sum  or  rental  therein  pro- 
vided for,  or  in  case  of  the  failure  or  neglect  on  the  part 
of  said  contracting  person,  firm  or  corporation,  faithfully 
to  observe,  keep  and  fulfill  the  conditions,  obligations  and  re- 
quirements of  said  contract,  the  said  city,  by  its  board  of  rapid 
transit  railroad  commissioners,  may  take  possession  of  said  road 
and  the  equipment  thereof,  and  as  the  agent  of  said  contract- 
ing person,  firm  or  corporation,  either  maintain  and  operate 
said  road,  or  enter  into  a  contract  with  some  other  person,  firm 
or  corporation  for  the  maintenance  and  operation  thereof,  re- 
taining out  of  the  proceeds  of  such  operation,  after  the  pay- 
ment of  the  necessary  expenses  of  operation  and  maintenance 
the  annual  rental  hereinbefore  referred  to,  and  paying  over  the 
balance,  if  any,  to  the  person,  firm  or  corporation  with  whom 
the  first  contract  above  mentioned  was  made,  and  if  such  pro- 
ceeds of  the  operation  of  said  road,  after  the  payment  of  the 


37 


necessary  expenses  of  maintenance  and  operation,  including 
the  keeping  in  repairs  of  the  rolling  stock  and  other  equipment, 
shall  in  any  year  be  less  than  the  annual  rental  hereinbefore 
referred  to  and  provided  in  the  first  contract,  then  and  in  that 
case,  the  said  contracting  person,  firm  or  corporation  and  his 
or  its  bondsmen,  shall  be  and  continue  jointly  and  severally 
liable  to  the  aforesaid  city  for  the  amount  of  such  deficiency 
until  the  end  of  the  full  term  for  which  the  said  first  contract 
was  originally  made.  No  contract  entered  into  under  author- 
ity of  this  act  shall  be  assigned  without  the  written  consent  of 
the  said  board  of  rapid  transit  railroad  commissioners  con- 
curred in  by  all  the  members  of  said  board.  It  shall  be 
deemed  to  be  part  of  every  such  contract  that,  in  case  the  board 
of  rapid  transit  railroad  commissioners  shall  cease  to  exist, 
the  legislature  may  provide  what  public  officer  or  officers  of 
the  city  shall  exercise  the  powers  and  duties  belonging  to  the 
board  of  rapid  transit  railroad  commissioners  under  or  by 
virtue  of  any  such  contract,  and  that  in  default  of  such  pro- 
vision, such  powers  and  duties  shall  be  deemed  to  be  vested  in 
the  mayor  of  the  city.  Even*  such  contract  shall  provide  that 
if  the  contracting  person,  firm  or  corporation  shall  fail  to  con- 
struct or  to  operate  the  railway  according  to  the  terms  of  the 
contract,  and  shall,  after  due  notice  of  its  default,  omit  for 
more  than  a  reasonable  time  to  comply  with  the  provisions  of 
such  contract,  the  board  of  rapid  transit  railroad  commissioners 
may  b.  ing  an  action  in  the  name  and  in  behalf  of  the  city  to  for- 
feit and  vacate  all  the  rights  of  such  contracting  person,  firm 
or  corporation  under  such  contract,  and  for  damages  and  other- 
wise as  may  be  necessary  for  the  sufficient  and  just  protection 
of  the  rights  of  the  city  ;  or  may,  upon  such  terms  as  to  the 
board  of  rapid  transit  railroad  commissioners  seem  just  and 
with  such  person  or  corporation  as  to  the  said  board  may  seem 
proper,  make  another  operating  contract  and  lease  of  the  said 
road  for  the  residue  of  the  term  of  the  contractor  in  default  ; 
and  may  bring  action  in  the  name  and  on  behalf  of  the  city  to 
recover  from  the  contractor  the  amount  due  from  the  contrac- 
tor, less  the  amount  which  shall  have  been  received  by  the  city 
under  or  by  virtue  of  such  new  contract,  and  for  all  other  dam- 


38 


ages  sustained  by  the  city  by  reason  of  such  default.  Any  railway 
corporation,  organized  under  the  laws  of  this  State,  or  any  ex- 
isting railway  corporation  owning  or  actually  operating  a  rail- 
way wholly  or  in  part  within  the  limits  of  the  city,  in  and  for 
which  said  board  has  power  to  act,  shall  be  competent  and  is 
hereby  authorized  to  enter  into  a  contract  for  the  the  conduc- 
tion and  operation  of  any  railway  pursuant  to  the  provisions 
of  this  chapter.  {New  section,  Laws  1894,  ch.  752,  §  9,  as  amd 
by  L.  1895,  ch.  5I9,*§  10.) 

§  35.  The  person,  firm  or  corporation  operating  such  road, 
shall  be  exempt  from  taxation  in  respect  to  his,  their  or  its 
interest  therein  under  said  contract  and  in  respect  to  the  rolling 
stock  and  other  equipment  of  said  road,  but  this  exemption 
shall  not  extend  to  any  real  property  which  may  be  owned 
and  employed  by  said  person,  firm  or  corporation  in  connection 
with  the  construction  or  operation  of  said  road.  {New  section, 
Lazvs  1894,  ch.  752,  §  9.) 

§  36.  The  said  board  of  rapid  transit  railroad  commissioners 
before  awarding  any  contract  or  contracts  shall  advertise  for 
proposals  for  such  contracts  by  a  notice  to  be  printed  twice  a 
week  for  three  successive  weeks  in  no  less  than  four  of  the 
daily  newspapers  published  in  said  city,  and  in  such  newspapers 
published  elsewhere  than  in  said  city  as  said  board  shall  deter- 
mine. Such  notice  shall  set  forth  and  state  the  points  within 
said  city,  between  which  said  road  or  roads  is  or  are  to  run,  the 
general  method  of  construction,  the  route  or  routes  to  be  fol- 
lowed, the  term  of  years  for  which  it  is  proposed  to  make  such 
contract,  and  such  other  details  and  specifications  as  said  board 
shall  deem  to  be  proper.  Said  notice  shall  state  the  time  and 
place  at  which  said  proposals  will  be  opened,  and  the  said 
board  shall  attend  at  the  time  and  place  so  specified,  and  shall 
publicly  open  all  proposals  that  shall  have  been  received,  but 
the  said  board  shall  not  be  bound  to  accept  any  proposals  so 
received,  but  may  reject  all  such  proposals  and  readvertise  for 
proposals  in  the  manner  hereinbefore  provided,  or  may  accept 
any  of  such  proposals  as  will,  in  the  judgment  of  such  board,  best 
promote  the  public  interest,  and  award  a  contract  accordingly. 
{New  section,  Lazvs  1894,  ch.  752,  ^9,  as  ani  d  by  L.  1895, 
ch.  519,  11.) 


§  37-  For  tne  purpose  of  providing  the  necessary  means  for 
such  construction,  at  the  public  expense,  of  any  such  road  or 
roads  and  the  necessary  means  to  pay  for  lands,  property, 
rights,  terms,  privileges  and  easements,  whether  of  owners, 
abutting  owners,  or  others,  which  shall  be  acquired  by  the  city 
for  the  purposes  of  the  construction  or  the  operation  of  such 
road  or  roads  as  hereinafter  provided,  and  of  meeting  the 
interest  on  the  bonds  in  this  section  hereinafter  provided  for 
accruing  thereon  prior  to  the  completion  and  readiness  for 
operation  of  the  portion  of  such  road  or  roads  for  the  con- 
struction of  which  such  bonds  shall  have  been  respectively 
issued,  the  board  of  estimate  and  apportionment,  or  other  local 
authority  in  said  city,  in  which  such  road  or  roads  are  to  be 
constructed,  having  power  to  make  appropriations  of  moneys 
to  be  raised  by  taxation  therein,  from  time  to  time,  and  as  the 
same  shall  be  necessary,  and  upon  the  requisition  of  said  board 
of  rapid  transit  railroad  commissioners,  shall  direct  the  comp- 
troller, or  other  chief  financial  officer  of  said  city,  and  it  shall 
thereupon  become  his  duty,  to  issue  the  bonds  of  said  city  at 
such  a  rate  of  interest,  not  exceeding  three  and  one-half  per 
centum  per  annum,  as  said  board  of  estimate  and  apportion- 
ment, or  other  local  authority  directing  the  issue  of  such  bonds, 
may  prescribe.  Said  bonds  shall  provide  for  the  payment  of 
the  principal  and  interest  in  gold  coin  of  the  United  States  of 
America.  They  shall  not  be  sold  for  less  than  the  par  value 
thereo.',  and  the  proceeds  of  the  same  shall  be  paid  out  and 
expended  for  the  purposes  for  which  the  same  are  issued,  upon 
vouchers  certified  by  said  board  of  rapid  transit  railroad  com- 
missioners. Said  bonds  shall  be  free  from  all- taxation  for  city 
and  county  purposes,  and  shall  be  payable  at  maturity  out  of 
the  sinking  fund  for  the  payment  of  the  city  debt,  if  there  be 
such  a  sinking  fund  of  said  city  ;  but  if  there  be  no  such  sink- 
ing fund,  then  out  of  a  sinking  fund  to  be  established  and  cre- 
ated out  of  the  annual  rentals  of  said  road  as  hereinbefore  pro- 
vided. But  this  provision  that  the  said  bonds  shall  be  payable 
out  of  such  sinking  fund  shall  not  diminish  or  affect  the  obliga- 
tion of  said  city  as  a  debtor  upon  said  bonds,  or  any  other  ri^Tht 
or  remedy  of  any  holder  or  owner  of  any  such  bonds,  to  collect 


40 


the  principal  or  interest  thereof.  The  amount  of  bonds  author- 
ized to  be  issued  and  sold  by  this  section  shall  not  exceed  fifty 
millions  of  dollars,  par  value,  without  the  consent  of  the  legis- 
lature first  had  and  obtained,  provided,  however,  that  such 
amount  shall  be  increased  by  a  sum  not  exceeding  five  millions 
of  dollars,  if  the  board  of  rapid  transit  railroad  commissioners 
shall  certify  that  such  increase  is  made  necessary  by  payments 
required  for  any  lands,  property,  rights,  terms,  easements  or 
privileges  which  shall  be  acquired  by  the  said  city  as  herein- 
after provided.  {New  section,  Laws  1894,  eh.  752,  §  9,  as  amd 
by  L.  1895,  eh.  5  19,  §  12.) 

§  38.  .  The  board  of  rapid  transit  railroad  commissioners,  for 
and  on  behalf  of  the  said  city  in  which  such  road  or  roads  may 
be  constructed,  may,  from  time  to  time,  with  the  concurrence  of 
six  members  of  said  board  and  the  consent,  in  writing, 
of  the  bondsmen  or  sureties  of  the  person,  firm  or  corporation 
which  has  contracted  to  construct,  equip,  maintain  and  oper- 
ate said  road  or  roads,  or  any  of  them,  agree  with  said  con- 
tracting person,  firm  or  corporation  upon  changes  in  and  mod- 
ifications of  said  contract,  or  of  the  plans  and  specifications 
upon  which  said  road  or  roads  is  or  are  to  be  constructed,  but 
no  change  or  modifications  in  the  plans  and  specifications  con- 
sented to  and  authorized  pursuant  to  section  five  of  this  act 
shall  be  made  without  the  further  consent  and  authorization 
provided  for  in  said  section  ;  but  in  no  event  shall  the  annual 
rental  to  be  paid  to  said  city,  for  the  use  of  said  road,  be  re- 
duced below  the  minimum  rate  hereinbefore  provided.  {New, 
section,  Laws  1894,  ch.  752,  J  g,asam'd  by  L.  1895,^//.  519,  £  13.) 

§  38  The  Board    of  Directors  of   any  company  in- 

corporated for  the  purpose  of  constructing,  maintaining  or 
operating  a  bridge  or  bridges  connecting  a  city  of  more  than 
one  million  inhabitants  with  any  other  city  in  this  State,  and 
by  the  act  of  incorporation  of  which  authority  shall  have  been 


*  This  section  was  added  to  the  Rapid  Transit  Act  of  1S91  by  chapter  102  Of 
the  Laws  of  1892.  Another  section  numbered  38  was  subsequently  inserted  in  the 
Act  by  Laws  1894,  chapter  752,  and  hence  there  were,  up  to  the  date  of  the 
amendment  of  1895  (Laws  of  1895,  chapter  519),  two  sections  of  the  amended  Act 
similarly  numbered. 


41 


conferred  or  intended  to  be  conferred,  to  construct,  maintain 
or  operate,  as  a  part  of  or  in  connection  with  its  bridge,  an 
approach  or  approaches  thereto  extending  generally  in  an 
easterly  and  westerly  direction,  may  determine  in  lieu  of  con- 
structing such  approach  or  approaches,  to  build,  maintain 
and  operate  an  elevated  railway,  t]ie  route  of  which  shall  be 
coincident  with  the  route  of  such  approach  or  approaches  as 
defined  in  said  act,  and  shall  adopt  a  general  plan  for  the  con- 
struction thereof,  and  which  shall  show  the  general  mode  of 
operation,  and  contain  such  details  as  to  manner  of  construc- 
tion as  may  be  necessary  to  show  the  extent  to  which  any 
street,  avenue,  or  other  public  place  is  to  be  encroached  upon 
and  the  property  abutting  thereon  affected,  a  copy  of  which 
plan  shall  be  transmitted  to  the  common  council  of  the  city  in 
which  the  same  is  to  be  located.  Such  proceedings  shall  there- 
upon be  had  by  such  common  council  as  are  provided  bi- 
section five  of  this  act,  as  though  such  plans  had  been  trans- 
mitted by  the  rapid  transit  commissioners  as  contemplated  in 
said  section.  Provided,  that  where  in  any  such  city  the 
exclusive  control  of  any  street,  route,  highway  or  avenue, 
which  is  to  be  occupied  by  any  railway  or  railways  constructed 
under  the  provisions  of  this  section  is  by  law  vested  in  any 
local  authority  other  than  the  common  council  of  such  city, 
the  approval  of  the  aforesaid  plans,  and  consent  to  the  con- 
struction of  a  railway  thereunder  shall  be  given  by  such  local 
authority  in  place  of,  and  if  required  in  addition  to  such 
approval  and  consent  by  such  common  council,  and  with  like 
effect.  Upon  obtaining  the  approval  and  consent  of  the  local 
authorities  as  in  said  section  provided,  the  said  board  of 
directors  shall  take  the  necessary  steps  to  obtain,  if  possible, 
the  consent  of  the  property  owners  along  the  line  of  the  said 
route  or  routes,  and  all  proceedings  in  respect  of  such  consent- 
or  when  such  consents  cannot  be  obtained  shall  be  similar  in 
all  respects  to  the  proceedings  in  said  section  provided.  Any 
consent  of  the  local  authorities  to  construct  or  operate  such 
railway  shall  be  given  only  upon  the  condition  that  the  rate  of 
fare  upon  such  elevated  railway  shall  not  exceed  five  cents 
for  each  passenger,  and  that  payment  of  such  fare  shall  entitle 


42 


each  passenger  to  or  from  said  elevated  railroad  to  free  transit 
across  the  bridge  or  bridges  with  which  it  is  intended  to  con- 
nect the  same.  When  the  consents  of  the  local  authorities  and 
the  property  owners,  or  in  lieu  thereof,  the  authorization  of 
the  supreme  court  upon  the  report  of  the  commissioners  shall 
have  been  obtained,  and  the  said  company  shall  have  accepted 
such  condition  it  shall  have  all  the  powers  of  corporations 
formed  under  this  act,  it  shall  be  authorized  to  build,  construct, 
maintain  and  operate  such  elevated  railway  or  railways,  but 
all  provisions  of  this  act,  or  of  any  act  requiring  the  sale  of  the 
right,  privilege  and  franchise  of  constructing,  maintaining  and 
operating  such  railway  or  railways,  or  requiring  a  corporation 
or  corporations  to  be  organized  for  the  purpose  of  acquiring 
such  right,  privilege  and  franchise,  and  all  other  provisions  of 
this  act  or  of  any  act  inconsistent  with  this  section,  are  hereby 
declared  inapplicable  to  such  elevated  railway  and  to  such 
company.  The  entire  route  of  any  elevated  railway  con- 
structed under  the  provisions  of  this  section  shall  not  exceed 
three  miles  in  length,  nor  shall  any  part  of  said  railway  except 
at  the  termini  thereof,  be  less  than  sixteen  feet  above  any 
street,  avenue  or  public  place,  or  less  than  fourteen  feet  above 
any  existing  elevated  railway  which  may  be  crossed,  intervened 
or  intersected  thereby.  The  said  railway  may  be  located  and 
constructed  so  as  to  cross  any  intersecting  street,  avenue,  high- 
way or  place  otherwise  exempted,  except  that  no  public  park 
shall  be  occupied  or  crossed  thereby,  the  structure  of  such 
elevated  railway  shall  be  liable  to  taxation  as  provided  by  law 
for  similar  structures.  (Laws  1892,  cJi.  102,  aiii  d  as  to  its 
number  by  L.  1895,  cJi.  519,  ^  14.) 

^  39.  For  the  purpose  of  constructing  or  operating  any 
road  for  the  construction  and  operation  of  which  a  contract 
shall  have  been  made  by  the  board  of  rapid  transit  railroad 
commissioners,  including  necessary  stations  and  station  ap- 
proaches, or  for  the  purpose  of  operating  or  securing  the  oper- 
ation of  the  same  free  of  interference  and  right  of  interfer- 
ence and  of  action  and  right  of  action  for  damages  or  other- 
wise, whether  by  abutting  owners  or  others,  or  to  provide,  lay 
or  maintain  conduits,  pipes,  ways  or  other  means  for  the  trans- 


4:; 


mission  of  electricity,  steam,  water,  air  or  other  source  or  means 
of  power  or  of  signals  or  messages  necessary  or  convenient  for 
or  in  the  construction  or  operation  of  such  road,  or  for  the 
transportation  of  materials  necessary  for  such  construction  or 
operation,  or  to  provide  a  temporary  or  permanent  way 
or  course  for  any  such  conduit,  pipe  or  other  means 
or  source  of  transportation,  the  said  board  for  and  in 
behalf  of  said  city  may  acquire,  as  in  this  act  provided,  any  real 
estate,  and  any  rights,  terms,  and  interest  therein,  and  any  and  all 
rights,  privileges,  franchises  and  easements,  whether  of  owners 
or  abutting  owners  or  others,  including  any  rights  of  owners, 
abutting  owners,  or  others  to  interfere  with  the  construction  or 
operation  of  such  road  or  to  recover  damages  therefor,  which, 
in  the  opinion  of  the  board,  it  shall  be  necessary  to  acquire  or 
extinguish  for  the  purpose  of  constructing  and  operating  such 
road  free  of  interference  or  right  of  interference.  The  word 
"  property  "  hereinafter  used  shall  be  deemed  to  include  any 
such  real  estate,  and  any  rights,  terms  and  interest  therein, 
and  any  such  rights,  privileges,  franchises  and  easements, 
whether  of  owners,  abutting  owners,  or  others.  (New  section > 
Laics  1894,  ch.  752,  §  9,  as  ani  d  by  L.  1895,  ch.  519,  §  1 5.) 

£  40.  It  shall  and  may  be  lawful  for  said  board,  and  for  all 
persons  acting  under  its  authority,  to  enter  in  the  daytime  into 
and  upon  any  and  all  lands  and  property  which  it  shall  deem 
necessary  to  be  acquired,  or  to  which  there  may  be  appurtenant 
rights,  terms,  franchises,  easements  or  privileges  which  it  shall 
deem  necessary  to  be  acquired  or  extinguished  by  said  city,  for 
the  purpose  of  making  the  maps  or  surveys  hereinafter  men- 
tioned, and  also  to  enter  in  like  manner  and  for  the  same  pur- 
pose upon  any  property  adjacent  to  and  within  five  hundred 
feet  of  the  property  to  be  so  surveyed  ;  and  the  said  board  shall 
cause  three  similar  maps  or  plans  to  be  made  of  each  parcel  ot 
property  which  it  may  deem  necessary  so  to  be  acquired,  or  to 
which  there  may  be  appurtenant  rights,  terms,  franchises,  ease- 
ments or  privileges  necessary  so  to  be  acquired  or  extinguished, 
designating  each  of  said  parcels  by  a  number,  and  upon  each 
map  or  plan  so  made  or  in  a  memorandum  accompanying  the 
same  and  to  be  deemed  part  thereof  the  said  board  shall  cause 


44 


to  be  clearly  indicated  the  particular  estate  or  estates,  rights, 
terms,  privileges,  franchises  or  easements  to  be  acquired  or 
extinguished  for  the  purposes  of  this  act,  in  relation  to  each 
and  every  piece  or  parcel  of  property  described  upon  said  map 
or  plan.  The  said  board  shall  have  power  to  cause  a  triplicate 
set  of  maps  or  plans  and  memoranda  as  herein  provided  for  to 
be  made  as  often  and  at  such  times  as  said  board  shall  deter- 
mine, and  each  set  of  maps  or  plans  and  memoranda  so  made 
shall  contain  the  particulars  above  enumerated  within  such 
district  as  said  board  shall  in  each  case  provide.  The  maps  or 
plans  and  memoranda  herein  provided  for,  when  approved  and 
adopted  by  said  board,  shall  have  written  thereon  a  certificate 
of  such  approval,  signed  by  the  members  of  said  board  adopt- 
ing and  approving  the  same,  and  one  copy  thereof  shall  be  filed 
in  the  department  of  public  works,  or  other  chief  executive  de- 
partment having  principal  charge  of  the  streets,  there  to  remain 
as  a  public  record,  and  the  other  two  of  said  maps  or  plans 
and  memoranda  shall  be  transmitted  to  the  counsel  to  the 
corporation  or  other  principal  legal  adviser  of  said  city. 
The  said  board  may  from  time  to  time  make  and  file 
further  maps  or  plans  and  memoranda  amending  those  al- 
ready filed,  but  not  so  as  to  defeat  or  impair  any  property 
or  interest  which  shall  have  been  already  acquired,  or  to  revive 
any  interest  or  right  which  may  have  been  already  extin- 
guished by  the  said  city.  {New  section,  Laws  1894,  eh.  752, 
§  9,  as  anid  by  L.  1895,  eh.  519,  §  16.) 

§41.  Whenever  and  as  often  as  the  said  board  shall  deem  it 
to  be  necessary  and  proper  that  the  said  city  should  acquire 
any  such  property  and  shall  have  caused  to  be  made,  as  pro- 
vided in  the  last  preceding  sections,  the  maps  or  plans  and 
memoranda  specifying  and  defining  the  said  property  to  be 
acquired,  or  to  which  are  appurtenant  the  rights,  terms,  fran- 
chises, easements  or  privileges  to  be  acquired  or  extinguished, 
and  shall  have  certified,  and  filed  and  transmitted  the  several 
copies  of  such  maps  or  plans  as  in  the  last  section  prescribed, 
the  said  board  may  direct  the  counsel  to  the  corporation  or 
other  principal  legal  adviser  of  said  city,  to  take  legal  pro- 
ceedings to  acquire  the  same  for  the  said  city,  and  the  said 


counsel  to  the  corporation,  or  other  principal  Legal  adviser, 
shall  thereupon  take  proceedings  as  in  this  act  provided. 
(New  section,  Laics  1894,  ch.  752,  >J  9,  as  amd  by  L.  1895,  ck. 

42.  The  said  counsel  to  the  corporation,  or  other  principal 
legal  adviser  of  said  city,  shall  cause  one  of  the  maps  or  plans, 
so  as  aforesaid  transmitted  to  him,  to  be  filed  in  the  office  of 
.the  register  of  the  county,  or  if  there  be  no  such  register,  then 
in  the  office  of  the  county  clerk  of  the  county  in  w  hich  said 
city  is  situated.  The  map  hereinafter  denominated  the  third 
map,  being  the  other  one  of  the  two  so  as  aforesaid  transmitted 
to  said  counsel  to  the  corporation,  or  other  legal  adviser, 
shall  be  disposed  of  as  hereinafter  provided.  (New  section^ 
Laws  1894,  ck.  752,  §  9.) 

§  43.  After  the  said  set  shall  have  been  filed  as 
hereinbefore  provided  in  the  office  of  the  register  or  county 
clerk  of  said  county,  the  said  counsel  to  the  corporation,  or 
other  principal  legal  adviser,  for  and  on  behalf  of  the  said  city, 
shall,  and  he  may  from  time  to  time,  upon  first  giving  the  notice 
required  by  the  next  section  of  this  act,  apply  to  the 
supreme  court  at  any  special  or  general  term  thereof,  to  be 
held  in  the  judicial  district  in  which  said  city  is  situated,  for 
the  appointment  of  commissioners  of  appraisal.  Upon  each  such 
application  he  shall  present  to  the  court  a  petition,  signed  by  a 
majority  of  the  members  of  said  board  and  verified  in 
the  manner  prescribed  by  law  for  the  verification  of 
pleadings,  according  to  the  practice  of  said  court, 
setting  forth  the  action  or  determination  theretofore 
taken  or  had  by  said  board,  with  respect  to  the  property 
to  be  acquired,  and  the  filing  of  said  maps  or  plans  and 
memoranda  and  praying  for  the  appointment  of  such  com- 
missioners of  appraisal.  Such  petition  shall  contain  a  gen- 
eral description  of  all  the  property  to,  or  in  or  over  or 
appurtenant  to  which  any  title,  interest,  right,  franchise,  ease- 
ment, term  or  privilege  is  sought  to  be  acquired  or  extin- 
guished, and  of  every  right,  franchise,  easement,  or  privilege 
sought  to  be  acquired,  by  the  said  city  for  public  purposes, 
each  lot  or  parcel  being  more  particularly  described   by  a 


46 


reference  to  the  number  of  said  lot  or  parcel  as  given  on  said 
maps,  and  the  title,  interest,  right,  easement,  term  or  privilege 
sought  to  be  acquired,  or  extinguished,  to  or  in  or  over  or  ap- 
purtenant to  each  of  said  lots  or  parcels  shall  be  stated  in  said 
petition.  (Mew  section,  Laws  1894,  ch.  752,  §  9,  as  amd  by 
L.  1895,  ch.  519.  §  18.) 

§  44.  The  said  counsel  to  the  corporation,  or  other  principal 
legal  adviser  shall  give,  or  cause  to  be  given,  notice  by  publication 
in  two  public  newspapers  published  in  the  said  city,  of  his 
intention  to  make  application  to  the  said  court  for  the  ap- 
pointment of  such  commissioners  of  appraisal,  which  notice 
shall  state  the  time  and  place  of  such  application,  shall  briefly 
state  the  object  of  the  application  and  shall  describe  the  prop- 
erty sought  to  be  acquired  or  affected.  A  statement  of  the 
location  and  boundaries  of  the  several  lots  or  parcels  of  prop- 
erty and  rights,  franchises,  easements,  or  privileges  sought  to  be 
taken  or  affected,  and  a  brief  statement  as  to  each  of  said  lots  or 
parcels  of  the  title,  interest,  rights,  easements,  terms  or  privi- 
leges therein  or  appurtenant  thereto,  sought  to  be  acquired  or 
extinguished  with  a  reference  to  the  dates  and  places  of  filing 
the  said  maps  or  plans  and  memoranda  shall  be  a  sufficient 
description  of  the  property  sought  to  be  so  taken  or  affected. 
Such  notice  shall  be  so  published  daily,  Sundays  and  holidays 
excepted,  in  said  newspapers  for  six  weeks  immediately  previous 
to  the  time  fixed  in  said  notice  for  the  presentation  of  each 
petition.  {New  section,  Laws  1894,  ch.  752,  §  9,  as  amd  by 
L.  1895,  r//.-  5 19,  ^  19.) 

^  45.  At  the  time -and  place  mentioned  in  said  notice,  unless 
the  said  court  shall  adjourn  said  application  to  a  a  subsequent 
date,  and  in  that  event  at  the  time  to  which  the  same  may  be 
adjourned,  the  court,  upon  due  proof  to  its  satisfaction  of  the 
publication  aforesaid,  and  upon  filing  the  said  petition,  shall 
make  an  order  for  the  appointment  of  three  disinterested  free- 
holders, residents  in  said  city,  as  commissioners  of  appraisal,  to 
ascertain  and  appraise  the  compensation  to  be  made  to  the 
owners  of  property  so  to  be  taken  or  extinguished  for  the  pur- 
poses indicated  in  this  act.  Such  order  shall  fix  the  time  and 
place  for  the  first  meeting  of  the  commissioners.  {New  section, 
Laws  1894,  cli.  752,  £  9.) 


47 


§  46.  The  said  commissioners  shall  take  and  subscribe  the 
oatli  required  by  the  twelfth  article  of  the  constitution  of  the 
state  of  New  York,  and  shall  forthwith  file  the  same  in  the 
office  of  the  clerk  of  the  count}-  in  which  said  city  is  situated. 
{New  section,  Laws  1894,  ch,  752,  §  9.) 

§  47.  On  filing  said  oath  in  the  manner  provided  in  the  last 
section,  the  said  city  shall  be  and  become  seized  and  possessed 
in  fee  or  absolute  ownership  of  all  those  parcels  of  property, 
rights,  terms,  franchises,  easements  and  privileges  which  are 
in  the  maps  or  plans  and  memoranda  referred  to  in  sec- 
tion forty  of  this  act,  described  as  parcels  of  property,  rights, 
franchises,  easements,  or  privileges  which  are  to  be  acquired, 
and  also  shall  become  seized  and  possessed  of  all  the  rights, 
terms,  franchises,  easements  or  privileges  appurtenant  to  any 
lots  or  parcels  of  property  indicated  on  said  maps  or  plans  as 
parcels  in  regard  to  which  it  is  deemed  necessary  to  acquire 
such  rights,  terms,  franchises,  easements  or  privileges,  or  the 
said  rights,  terms,  franchises,  easements  or  privileges  shall  be 
extinguished  as  the  case  may  be  ;  and  the  said  board  for  the 
said  city,  may  immediately  or  at  any  time  or  times  thereafter, 
take  possession  or  enter  into  the  enjoyment  of  the  said  property, 
rights,  terms,  franchises,  easements  and  privileges  or  of  any 
part  or  parts  thereof  without  any  suit  or  proceeding  at 
law  for  that  purpose  and  the  said  board  for  the  said 
city,  or  any  person  or  persons  acting  under  their  or  its  author- 
ity, may  enter  upon  and  use,  occupy,  and  enjoy  in  perpet- 
uity all  the  parcels  of  property  and  all  the  rights,  terms,  fran- 
chises, easements  or  privileges  appurtenant  to  any  of  the  par- 
cels of  property  and  all  rights,  franchises,  easements,  and  priv- 
ileges, described  on  said  maps  or  plans  or  in  said  memoranda, 
for  any  of  the  purposes  authorized  and.  provided  for  by  this 
act.  But  on  such  filing  of  the  said  oath  the  said  city  shall  be 
and  become  forthwith  liable  to  the  respective  owners  of  the 
several  parcels  of  property  and  the  several  rights,  terms,  fran- 
chises, easements  and  privileges  appertaining  thereto,  and  of 
the  said  rights,  franchises,  easements,  and  privileges  acquired  as 
aforesaid,  for  the  true  and  respective  values  thereof,  together 
with  interest  thereon  from  the  time  of  filing  the  said  oath,  pro- 


4S 


vided,  however,  that  no  such  interest  shall  be  payable  to  any 
owner  of  any  such  property,  right,  term,  franchise,  easement  or 
privilege  during  any  period  during  which  the  said  city  or  the 
said  board  of  rapid  transit  railroad  commissioners  may  by  any 
resistance,  whether  by  legal  proceedings  or  otherwise  of  such 
owner  or  with  his  authority,  be  prevented  from  taking  posses- 
sion thereof  or  enjoying  the  same  ;  and  provided  further,  that 
no  action  shall  be  brought  to  recover  the  amount  of  such  value 
or  interest  unless  writhin  eighteen  months  after  the  filing  of 
such  oath,  a  report  shall  not  have  been  duly  made  by  commis- 
sioners of  appraisal  as  herein  provided,  or  such  report  shall  not 
have  been  confirmed  by  the  Supreme  Court  as  herein  pro- 
vided, so  that  the  said  city  shall  be  liable  to  forthwith  pay  the 
amount  by  such  report  ascertained  to  be  due  for  such  value  or 
interest.  (Nezu  section,  Laws  1894,  ch.  752,  §  9,  as  am V  by  L. 
1895,  ch.  519,  §  20.) 

§  48.  Any  one  of  said  commissioners  of  appraisal  may  issue 
subpoenas  and  administer  oaths  to  witnesses,  and  they  or  any 
one  of  them,  in  the  absence  of  the  others,  may  adjourn  the  pro- 
ceedings,  from  time  to  time  in  their  discretion,  but  they  shall 
continue  to  meet  from  time  to  time  as  may  be  necessary  to  hear, 
consider  and  determine  upon  all  claims  which  may  be  presented 
to  them  under  any  of  the  provisions  of  this  act.  In  case  of  the 
death,  resignation,  refusal  or  neglect  to  serve  of  any  commis- 
sioner of  appraisal,  the  remaining  commissioner  or  commission- 
ers shall,  upon  ten  days'  notice,  to  be  given  by  advertisement 
in  the  newspapers  mentioned  in  section  forty-four  of  this  act, 
apply  to  the  supreme  court,  at  a  special  or  general  term  thereof, 
to  be  held  in  the  judicial  district  in  which  said  city  is  situated, 
for  the  appointment  of  a  commissioner  or  commissioners  to  fill 
the  vacancy  or  vacancies  so  occasioned.  In  case  of  the  death, 
resignation  or  refusal  to  serve  of  all  the  commissioners  of 
appraisal,  the  said  counsel  to  the  corporation  or  other  princi- 
pal legal  adviser  to  said  city  shall,  on  giving  the  notice  required 
in  this  section,  apply  to  the  said  court  for  the  appointment  of 
other  commissioners  of  appraisal.  It  shall  be  the  duty  of  the 
commissioners  of" appraisal  to  procure  from  the  counsel  to  the 
corporation   or  other    principal    legal  adviser  the  third  set 


49 


of  maps  or  plans  and  memoranda  provided  for  in  sections 
forty  and  forty-two  of  this  act.  They  shall  view  the  property 
laid  down  on  said  map,  and  shall  hear  the  proofs  and  allegations 
of  any  owner,  lessee  or  other  person  in  any  way  entitled  to  or  in- 
terested in  the  property  to  be  acquired  or  extinguished,  or  any 
part  or  parcel  thereof,  and  also  such  proofs  and  allegations  as 
may  be  offered  on  behalf  of  the  said  city.  They  shall  reduce 
the  testimony,  if  any,  taken  before  them  to  writing,  and  after 
the  testimony  is  closed,  they,  or  a  majority  of  them,  all 
having  considered  the  same,  and  having  an  opportunity  to 
be  present,  shall,  without  unnecessary  delay,  ascertain  and 
determine  the  compensation  which  ought  justly  to  be  made 
by  the  said  city  to  the  owners  or  persons  interested  in  the 
property  acquired  or  extinguished  by  said  proceedings.  The 
said  commissioners  of  appraisal  shall  make  reports  of  their 
proceedings  to  the  supreme  court,  as  in  the  next  section  pro- 
vided with  the  minutes  of  the  testimony  taken  before  them,  if 
any,  and  they  shall  be  entitled  to  the  payment  hereinafter  pro- 
vided for  their  services  and  expenses,  to  be  paid  from  the  fund 
hereinafter  specified.  The  said  commissioners  may  make  a 
single  report  or  may  make  reports  from  time  to  time  as  they 
shall  reach  their  several  decisions  as  to  different  parcels  of 
property.  {New  section,  Lcpws  1894,  cli.  752,  ^  9,  as  a/rid  by  L. 
1895,  cli.  519,  ^  21.) 

49.  The  said  commissioners  shall  prepare  a  report  or  reports, 
to  which  shall  be  annexed  the  third  set  of  map  or 
plans  and  memoranda  referred  to  in  section  forty-two  of 
this  act  and  therein  denominated  the  third  set 
or  a  copy  thereof  certified  by  them.  Each  said 
report  shall  contain  :i  brief  description  of  the  property 
so  taken  or  affected,  with  a  reference  to  the  map  upon 
which  the  same  is  required  to  be  indicated  ;  a  statement  of  the 
sums  estimated  and  determined  upon  by  them,  as  a  just  com- 
pensation for  the  same  to  be  made  by  the  city  to  the  owners  or 
persons  interested  therein  and  the  names  of  such  owners  and 
persons  ;  but  in  all  and  each  and  every  case  or  cases  where  one 
or  more  of  the  owners  and  persons  interested,  or  their  respective 
estates  or  interests,  are  unknown,  or  not  fully  known,  to  the 


50 


commissioners  of  appraisal,  it  shall  be  sufficient  for  them  to  set 
forth  and  state  in  general  terms  the  respective  sums  to  be 
allowed  and  paid  to  the  owners  of  and  persons  interested 
therein,  generally,  without  specifying  the  names  or  estates  or 
interests  of  such  owner  or  persons  interested,  or  any  or  either 
of  them.  {New  section,  Lazes  1894,  ch.  752,  §  9,  as  avid  by  L. 
1895,  ch.  519,  §22.) 

§  50.  Each  said  report,  signed  by  said  commissioners,  or  a 
majority  of  them,  shall  be  filed  in  the  office  of  the  clerk  of  the 
county  in  which  said  city  is  situated,  and  the  commissioners  of 
appraisal  shall,  in  each  case,  notify  the  counsel  to  the  corpora- 
tion, or  other  principal  adviser  to  said  city,  as  soon  as  any  such 
report  is  filed.  {New  section,  Lazes  1894,  ch.  752,  §  9,  as  atrid 
by  L.  1895,  ch.  519,  §23.) 

§  51.  The  counsel  to  the  corporation,  or  other  principal 
legal  adviser,  or,  in  case  of  his  neglect  to  do  so  within  ten  days  af- 
ter receiving  notice  of  such  filing,  then  any  person  interested  in 
the  proceedings,  shall  give  notice  that  the  said  report  will  be  pre- 
sented for  confirmation  to  the  supreme  court,  at  a  special  term 
thereof,  to  be  held  in  the  judicial  district  in  which  said  city  is 
situated,  at  a  time  and  place  to  be  specified  in  said  notice.  The 
said  notice  shall  contain  a  statement  of  the  time  and  place  of 
the  filing  of  the  report,  and  shall  be  published  in  two  daily  news- 
papers published  in  such  city,  for  at  least  two  weeks  im- 
mediately prior  to  the  presentation  of  said  report  for  confirma- 
tion. {New  section,  Lazes  1894,  ch.  752,  §  9,  as  atrid  by  L. 
1895,  ch.  519,  §  24.) 

§  52.  The  application  for  the  confirmation  of  each  such  re- 
port shall  be  made  to  the  supreme  court  at  a  special  term  thereof, 
held  in  the  judicial  district  in  which  said  city  is  situated.  Upon  the 
hearing  of  the  application  for  the  confirmation  thereof,  the  said 
court  shall  confirm  such  report  and  make  an  order  containing  a 
recital  of  the  substance  of  the  proceedings  in  the  matter  of  the 
appraisal,  with  a  general  description  of  the  property  appraised 
and  for  which  compensation  is  to  be  made,  and  shall  also  direct 
to  whom  the  money  is  to  be  paid,  and  whether  or  not  any  part 
thereof,  and,  if  so,  what  part,  is  to  be  deposited  with  the  comp- 
troller or  other  chief  financial  officer  of  said  city  with  the  chain- 


5  J 


berlain  of  said  city,  or  if  there  be  no  chamberlain,  with  a  bank 
or  trust  company  to  be  designated  by  said  court.  Such  report 
when  so  confirmed  shall,  except  in  the  case  of  an  appeal,  as 
hereinafter  provided,  be  final  and  conclusive,  as  well  upon  the 
said  city  as  upon  owners  and  all  persons  interested  in  or  entitled 
to  said  property,  and  also  upon  all  other  persons  whomsoever. 
[New  section,  Laws  1894,  ch.  752,  ^  9,  as  atnd  by  L.  1895,  ck, 

53.  The  said  city  shall,  within  four  calendar  months  after 
the  confirmation  of  any  report  of  the  commissioners  of  ap- 
praisal, pay  to  the  respective  owners  and  bodies  politic  or 
corporate  mentioned  or  referred  to  in  said  report,  in  whose 
favor  any  sum  or  sums  of  money  shall  be  estimated  and 
reported  by  said  commissioners,  the  respective  sum  or  sums  so 
estimated  and  reported  in  their  favor  respectively,  with  legal 
interest  thereon  from  the  date  of  filing  the  oath  of  said  com- 
missioners, and  in  case  of  neglect  or  default  in  the  payment  of 
the  same  within  the  time  aforesaid,  the  respective  person  or 
persons  or  bodies  politic  or  corporate,  in  whose  favor  the  same 
shall  be  so  reported,  his,  her  or  their  executors,  administrators, 
successors  or  assigns  at  any  time  or  times  after  application  first 
made  by  him,  her  or  them  to  the  comptroller  or  other  chief 
financial  officer  of  said  city  for  payment  thereof,  may  sue  for 
and  recover  the  same,  with  lawful  interest  as  aforesaid,  and  the 
costs  of  suit,  in  any  proper  form  of  action  against  the  said  city 
in  any  court  having  cognizance  thereof,  and  in  which  it  shall  be 
sufficient  to  declare  generally  for  so  much  money  due  to  the 
plaintiff  or  plaintiffs  therein  by  virtue  of  this  act  for  property 
taken  or  extinguished  for  the  purposes  herein  ^mentioned,  and 
the  report  of  said  commissioners,  with  proof  of  the  right  and 
title  of  the  plaintiff  or  plaintiffs  to  the  sum  or  sums  demanded 
shall  be  conclusive  evidence  in  such  suit  or  action.  [New 
section.  Laws  1894,  ck.  752,  £  9,  as  anid  by  A.  1895.  ch.  519, 
§  26.  i 

^  54.  Whenever  the  owner  or  owners,  person  or  persons 
interested  in  any  property  taken  or  affected  in  sucli  proceeding, 
or  in  whose  favor  any  such  sum  or  sums  or  compensation  shall 
be  so  reported,  shall  be  under  the  age  of  twenty-one  years,  or 


52 


of  unsound  mind  or  absent  from  the  city,  and  also  in  all  cases 
where  the  name  or  names  of  the  owner  or  owners,  person  or 
persons,  interested  in  any  such  property  shall  not  be  set  forth 
or  mentioned  in  said  report,  or  where  the  said  owner  or  owners, 
person  or  persons,  being  named  therein,  can  not,  upon  diligent 
inquiry,  be  found,  or  where  there  are  adverse  or  conflicting 
claims  to  the  money  awarded  as  compensation,  it  shall  be  law- 
ful for  the  said  city  to  pay  the  sum  or  sums  mentioned  in  said 
report,  payable,  or  that  would  be  coming  to  such  owner  or 
owners,  person  or  persons,  respectively,  with  interest,  as  afore- 
said, to  the  cnamberlain  of  said  city,  or,  if  there  be  no  chamber- 
lain, then  to  any  bank  or  trust  company  designated  by  the  court 
in  the  order  confirming  the  report  of  'the  commissioners  ot 
appraisal,  to  the  credit  of  such  owner  or  owners,  person  or  per- 
sons, and  such  payment  shall  be  as  valid  and  effectual  in  all 
respects  as  if  made  to  the  said  owner  or  owners,  person  or 
persons,  interested  therein,  respectively,  according  to  their  just 
rights  ;  and.  provided,  also,  that  in  all  and  each  and  every  such 
case  and  cases  where  any  sum  or  sums  or  compensation  reported 
by  the  commissioners  in  favor  of  any  person  or  persons,  or  par- 
ties whatsoever,  whether  named  or  not  named  in  said  report, 
shall  be  paid  to  any  person  or  persons,  or  party  or  parties,  whom- 
soever, when  the  same  shall  of  right  belong  and  ought  to  have 
been  paid  to  some  other  person  or  persons,  or  party  or  parties, 
it  shall  be  lawful  for  the  person  or  persons,  or  party  or  parties, 
to  whom  the  same  ought  to  have  been  paid,  to  sue  for  and 
recover  the  same,  with  lawful  interest  and  costs  of  suit,  as  so 
much  money  had  and  received  to  his,  her  or  their  use  by  the 
person  or  persons,  party  or  parties,  respectively,  to  whom  the 
same  shall  have  been  so  paid.  {New  Section,  Lazes  1894,  cli. 
752,  §  9-) 

§  55.  Every  owner  or  person  in  any  way  interested  in  any 
property  taken  or  extinguished  as  contemplated  in  this  act,  if 
he  intends  to  make  claim  for  compensation  for  such  taking  or 
extinguishment,  shall  within  three  years  after  the  appointment 
of  the  commissioners  of  appraisal  exhibit  to  the  said  commis- 
sioners a  statement  of  his  claim,  and  shall  thereupon  be  entitled 
to  offer  testimony  and  to  be  heard  before  them  touching  such 


claim  and  the  compensation  proper  to  be  made  him,  and  to 
have  a  determination  made  by  such  commissioners  of  appraisal 
as  to  the  amount  of  such  compensation.  Every  person  neg- 
lecting or  refusing  to  present  such  claim  within  said  time  shall 
be  deemed  to  have  surrendered  his  claim  for  such  compensa- 
tion, except  so  far  as  he  may  be  entitled,  as  such  owner  or 
person  interested,  to  the  whole  or  a  part  of  the  sum  of  money 
awarded  by  the  commissioners  of  appraisal  as  a  just  compensa- 
tion for  taking  or  extinguishing  the  property  owned  by  said 
person,  or  in  which  the  said  person  is  interested.  {New  section, 
Lazes  1894,  c/i.  752,  £  9.) 

^  56.  Payment  of  the  compensation  awarded  by  said  com- 
missioners of  appraisal  to  the  persons  named  in  their  report  (  if 
not  infants  or  persons  of  unsound  mind),  shall,  in  the  absence 
of  notice  to  the  said  city  or  other  claimants  to  such  award,  pro- 
tect the  said  city.    [New  section,  Lazes  1894,  c/i.  752,  §  9.) 

§  57.  Said  commissioners  of  appraisal  may  in  their  discre- 
tion take  up  any  specified  claim  or  claims,  and  finally  ascertain 
and  determine  the  compensation  to  be  made  thereon,  and 
make  a  separate  report  with  reference  thereto,  annexing  to 
said  report  a  copy  of  so  much  of  the  set  of  maps  or  plans 
and  memoranda  referred  to  in  section  forty-two  of  this  act 
as  indicates  the  property  so  reported  on.  Such  report 
shall,  as  to  claims  therein  specified,  be  the  report  re- 
quired in  this  act,  and  the  subsequent  action  with  reference 
thereto,  shall  be  had  in  the  same  manner  as  though  no  other 
claim  were  embraced  in  said  proceeding,  which,  however,  shall 
continue  as  to  all  claims  upon  which  no  such  determination 
and  report  is  made.  {New  section,  Lazes  1894,  cli.  752,  ^  9,  as 
am  dby  L.  1895,  cii.  519,  §  27.) 

£  58.  Within  twenty  days  after  notice  of  the  confirmation 
of  the  report  of  the  commissioners,  as  provided  for  in  section 
fifty-two  of  this  act,  which  notice  may,  as  to  parties  who  have 
not  appeared  before  the  commissioners,  be  given  in  the  m. in- 
ner provided  in  section  fifty-one  of  this  act,  either  party  may 
appeal  to  the  general  term  of  the  supreme  court  in  the  depart- 
ment in  which  such  commissioners  were  appointed,  from  the 
appraisal  and  report  of  the  commissioners  and  the  order  con- 


5-i 


firming  the  same.  Such  appeal  shall  be  heard  upon  due  no- 
tice thereof  being  given,  according  to  the  rules  and  practice  of 
said  court.  On  the  hearing  of  such  appeal  the  court  may  di- 
rect a  new  appraisal  and  determination  of  any  question  passed 
upon,  by  the  same  or  new  commissioners,  in  its  discretion,  and 
from  any  determination  of  the  general  term  either  party,  if 
aggrieved,  may  take  an  appeal,  which  shall  be  heard  and  deter- 
mined by  the  court  of  appeals.  In  the  case  of  a  new  appraisal 
the  second  report  shall  be  final  and  conclusive  on  all  the 
parties  and  persons  interested.  If  the  amount  of  compensa- 
tion to  be  made  by  such  city  is  increased  by  the  second  report, 
the  difference  shall  be  paid  by  the  comptroller  or  other  chief 
financial  officer  of  said  city,  to  the  parties' entitled  to  the  same, 
or  shall  be  deposited  with  the  chamberlain,  or  bank  or  trust 
company,  as  the  court  may  direct,  and  if  the  amount  is  dimin- 
ished the  difference  shall  be  refunded  to  the  said  city  by  the  party 
to  whom  the  same  may  have  been  paid,  and  judgment  there- 
for may  be  rendered  by  the  court  on  the  filing  of  the  second 
report  against  the  party  liable  to  pay  the  same.  But  the  tak- 
ing of  an  appeal  by  any  person  or  persons  shall  not  operate  to 
stay  the  proceedings  under  this  act  except  as  to  the  particular 
property  with  which  the  said  appeal  is  concerned.  Such  ap- 
peal shall  be  heard  upon  the  evidence  taken  before  said  com- 
missioners, and  any  affidavits  as  to  irregularities,  and  three 
printed  copies  of  such  evidence  shall  be  furnished  by  the  said 
city  to  the  party  taking  the  appeal,  within  ten  days  after  the 
appeal  is  perfected,  and  such  appeal  may  be  heard  on  the  evi- 
dence so  furnished,  and  may  be  taken  without  security  thereon. 
{New  section,  Laws  1894,  eh.  752,  §  9.) 

§  59.  The  supreme  court  in  the  judicial  district  in  which 
said  city  is  situated  shall  have  power  at  any  time  to  amend  any 
defect  or  informality  in  any  of  the  special  proceedings  author- 
ized by  this  act  as  maybe  necessary,  and  to  direct  such  further 
notices  to  be  given  to  any  party  in  interest  as  it  deems  proper, 
and  also  to  appoint  other  commissioners  in  place  of  any  who 
shall  die,  or  refuse,  or  neglect  to  serve  or  be  incapable  of  serving, 
or  be  removed.  And  the  said  court  may  at  any  time  remove 
any  commissioner  of  appraisal  who  in  its  judgment  shall  be  in- 


55 


capable  of  serving,  or  who  shall  for  any  reason  in  its  judgment 
be  an  unfit  person  to  serve  as  such  commissioner.  The  cause 
of  such  removal  shall  be  specified  in  the  order  making  the  same. 
If  in  any  particular  it  shall  at  any  time  be  found  necessary  to 
amend  any  pleading  or  proceeding  or  to  supply  any  defect 
therein  arising  in  the  course  of  any  special  proceeding  author- 
ized by  this  act,  the  same  may  be  amended  or  supplied  in  such 
manner  as  shall  be  directed  by  the  supreme  court,  which  is 
hereby  authorized  to  make  such  amendment  or  correction. 
Wherever  in  this  act  reference  is  made  to  the  General  Term  of 
the  Supreme  Court,  it  shall  be  deemed  to  include  the  Appellate 
Division  of  the  Supreme  Court  for  the  district  in  which  said 
city  is  situated,  whenever  said  General  Term  shall  be  superseded 
thereby.  (New  section,  Lows  1894,  ch.  752,  ^  9,  as  atrid  by 
L.  1895,  ch.  519,  §  28.  ) 

,^  60.  All  property  acquired  under  the  provisions  of  this  act 
shall  be  and  shall  be  deemed  to  have  been  acquired  for  public 
uses  and  purposes,  and  for  the  purpose  of  affording  increased 
facilities  for  rapid  transit  between  points  within  the  city  ac- 
quiring such  property.    (New  section,  Laws  1894,  ch.  752,  §  9.) 

^  61.  The  moneys  necessary  and  sufficient  to  be  paid  for 
any  property,  acquired  in  any  manner  under  the  provisions  of 
this  act,  together  with  all  expenses  necessarily  incurred  in  sur- 
veying, locating,  and  acquiring  title  to  such  property,  and  for 
surveying  and  locating  the  same,  and  for  preparing  the  neces- 
sary maps  and  plans  in  connection  therewith,  shall  be  raised 
and  paid  out  of  the  proceeds  of  bonds  issued  and  sold  as  pro- 
vided by  section  thirty-seven  of  this  act,  and  all  such  expenses 
so  incurred  in  surveying,  locating  and  acquiring  title,  and 
for  preparing  necessary  maps  and  plans  and  also  those 
incurred  as  provided  in  the  next  section  shall  be  deemed  a  part 
of  and  included  in  the  cost  of  constructing  the  road  or  roads, 
the  construction  of  which  rendered  it  necessary  to  acquire  the 
property  in  the  course  of  the  acquisition  of  which  such  ex- 
penses may  be  incurred.  {New  section.  Laws  1894,  ch.  752,  ^  9, 
as  atrid  by  L.  1895,  ch.  519,  §  29.) 

£  62.  The  commissioners  of  appraisal  appointed  in  pursu- 
ance of  this  act  shall  receive  as  compensation  the  sum  of  ten 


56 


dollars  per  day  for  each  day  actually  employed.  They  may 
employ  the  necessary  clerks,  stenographers  and  surveyors. 
The  counsel  to  the  corporation  or  other  principal  legal  adviser 
to  said  city  shall,  either  in  person  or  by  such  counsel  as  he 
shall  designate  for  the  purpose,  appear  for  and  protect  the 
interests  of  the  city  in  all  such  proceedings  in  court  and  before 
the  commissioners.  The  fees  of  the  commissioners  and 
the  salaries  and  compensation  of  their  employes,  and  all 
other  necessary  expenses  in  and  about  the  said  proceedings 
provided  for  by  this  act,  and  such  allowance  for  counsel  fees  as 
may  be  made  by  order  of  the  court,  and  all  reasonable 
expenses  incurred  by  said  counsel  to  the  corporation,  or 
other  principal  legal  adviser  of  said  counsel  designated  by  him 
for  the  proper  presentation  and  defense  of  the  interests  of 
said  city  before  said  commissioners  and  in  court,  shall  be  paid  by 
the  comptroller  or  other  chief  financial  officer  of  said  city  out  of 
the  funds  referred  to  in  the  last  preceding  section.  But  such 
fees  and  expenses  shall  not  be  paid  until  they  have  been  taxed 
before  a  justice  of  the  supreme  court  in  the  judicial  district  in 
which  said  city  is  situated  upon  five  days'  notice  to  the  coun- 
sel to  the  corporation,  or  other  chief  legal  adviser  of  said  city. 
Such  allowance  shall,  in  no  case,  exceed  the  limits  prescribed 
by  section  thirty-two  hundred  and  fifty-three  of  the  code  of 
civil  procedure.    {New  section,  Laws  1894,  ch.  752,  §  9.) 

§  63.  In  case  it  shall  be  determined  by  vote  of  the  people  as 
provided  by  sections  twelve  and  thirteen  of  chapter  seven 
hundred  and  fifty-two  of  the  laws  of  eighteen  hundred  and 
ninety-four  to  construct  by  and  at  the  city's  expense,  then 
and  in  that  event  the  road  or  roads  so  constructed  shall  be 
and  remain  the  absolute  property  of  the  city  so  constructing 
it  or  them,  and  shall  be  and  be  deemed  to  be  a  part  of  the 
public  streets  and  highways  of  said  city,  to  be  used  and  en- 
joyed by  the  public  upon  the  payment  of  such  fares  and 
tolls,  and  subject  to  such  reasonable  rules  and  regulations  as 
may  be  imposed  and  provided  for  by  the  board  of  rapid 
transit  railroad  commissioners  jn  said  city.  {New  section, 
Laws  1894,  ch.  752,  ^  9,  as  aniei  by  L.  1895,  ch.  519,  §  30.) 

§  64.    This  act  shall  not  be  construed  to  repeal  or  in  any  man- 


57 


ncr  affect  chapter  six  hundred  and  six  of  the  laws  of  eighteen 
hundred  and  seventy-five,  entitled  "  An  act  to  further  provide 
for  the  construction  and  operation  of  a  steam  railway  or  rail- 
ways in  the  counties  of  this  state,"  or  the  acts  amendatory 
thereof  or  supplementary  thereto,  or  article  five  of  chapter  five 
hundred  and  sixty-five  of  the  laws  of  eighteen  hundred  and 
ninety,  known  as  the  railroad  law,  except  so  far  as  the  said  acts 
or  either  of  them,  would  if  this  act  had  not  been  passed,  author- 
ize the  appointment  hereafter  of  any  commissioners  applied 
for  as  provided  in  section  one  of  said  act  of  eighteen  hundred 
and  seventy-five,  or  in  section  one  hundred  and  twenty  of  said 
act  of  eighteen  hundred  and  ninety,  in  any  city  or  cities  con- 
taining a  population  of  over  one  million  inhabitants,  according 
to  the  last  preceding  national  or  state  census  or  authorize  any 
commissioners  already  appointed  pursuant  to  the  provisions  of 
such  act  or  acts  in  any  such  city  or  cities,  to  fix,  determine  or 
locate  any  new  route  or  routes,  pursuant  to  the  provisions  of 
either  of  said  acts.  This  act  shall  not  be  construed  in  any 
manner  to  affect  the  exercise  or  enjoyment  at  any  time,  and 
from  time  to  time  hereafter,  of  any  right  or  rights  heretofore 
acquired,  exercised  or  enjoyed  by  any  corporation  heretofore 
duly  incorporated  and  organized  or  deriving  powers  and  rights 
under  the  laws  of  this  state.  This  act  shall  not  affect  or  impair 
the  exercise  or  enjoyment  of  any  right  or  rights  now  possessed 
or  heretofore  acquired  or  heretofore  authorized  to  be  acquired, 
exercised  or  enjoyed  by  any  street  surface  railroad  corporation, 
except  as  herein  otherwise  expressly  provided,  and  this  act  shall 
not  be  construed  to  repeal  or  in  any  manner  affect  chapter  one 
hundred  and  forty  of  the  laws  of  eighteen  hundred  and  fifty, 
entitled  "  An  act  to  authorize  the  formation  of  railroad  corpo- 
rations, and  to  regulate  the  same,"  or  either  of  the  several  acts 
amendatory  thereof  or  supplementary  thereto.  This  act  shall 
not  be  construed  to  repeal  or  in  any  manner  affect  chapter  five 
hundred  and  sixty-five  of  the  laws  of  eighteen  hundred  and 
ninety,  known  as  the  railroad  law,  except  as  hereinabove  ex- 
pressly provided,  or  except  so  far  as  the  provisions  of  the  same 
conflict  with  the  provisions  of  this  act.  Hut  nothing  in  this 
section  contained  shall  prevent  the  board  of  rapid  transit  rail- 


5S 

road  commissioners  from  laying  out  a  route  for  a  railway  and 
constructing  a  railway,  and  such  board  shall  have  the  right  to 
lay  out  such  route  and  construct  such  railway,  over,  under, 
along  or  across  any  street  in,  along,  under  or  over  which  there 
shall  be  any  existing  railway,  provided  that  the  route  so  laid 
out  by  the  said  board  and  the  railway  so  constructed  by  it 
shall  so  pass  over  or  under  or  at  the  side  of  such  existing  rail- 
way as  not  to  interfere  with  its  operation.  {Laws  1 891,  ch.  4, 
§  34,  as  am'd  by  L.  1894,  ch.  752,  §  9,  and  by  L.  1895,  ch.  519, 
§3L) 

§  65.  No  railroad  shall  be  constructed  or  operated  upon  the 
surface  of  any  street,  avenue  or  highway  in  the  city  of  New 
York  under  the  provisions  or  authority'  of  this  act.  1  Laics 
1 89 1,  ch.  4,  §  35,  as  anid  by  L.  1894,  ch.  752,  §  9.) 

§  66.  All  acts  and  parts  of  acts  local  or  general  inconsistent 
with  this  act  are  hereby  repealed.  {Lazes  1891,  ch.  4,  §  36, 
as  amd  by  L.  1894,  ch.  752,  §  9.) 

^  67.  This  act  shall  take  effect  immediately.  {Laws  1891, 
ch.  4,  £  37  ;  as  anid  by  L.  1894,  ch.  752,  §  9.) 


NOTE. — The  following  sections  of  the  Act  of  1894  (Chapter 
752),  do  not,  in  terms,  amend  any  portion  of  the  Rapid  Transit 
Act  of  1 89 1,  although  the  whole  Act  of  1894  is,  in  fact,  an 
amendment  of  the  earlier  statute.  These  sections  are  accord 
ingly  numbered  with  respect  to  their  position  in  the  Act  of 
1894,  and  without  reference  to  the  numbering  of  the  sections 
in  the  original  act. 


§  11.  The  commissioners  of  rapid  transit  heretofore  ap- 
pointed under  the  act  hereby  amended,  or  who  became  such 
commissioners  by  its  terms,  upon  the  organization  of  the  board 
which  shall  succeed  them  pursuant  to  said  act  as  hereby 
amended,  shall  cease  to  be  such  commissioners  and  shall  trans- 
fer and  deliver  to  the  board  of  rapid  transit  railroad  commis- 
sioners, provided  for  by  the  act  hereby  amended,  as  so 
amended,  all  furniture,  books,  maps,  records,  plans  and  other 
papers  and  property  of  what  kind  soever  appertaining  or  be- 


59 


longing  to  or  in  the  custody  of  the  board  of  which  they  were  r 
commissioners,  or  in  their  possession,  or  under  their  control  as 
such  commissioners,  or  held  by  them,  or  for  which  they  are 
responsible  in  their  official  capacity.  The  expenses  incurred 
by  said  commissioners  for  which  an  appropriation  or  appropri- 
ations shall  have  been  made  pursuant  to  section  ten  of  the  act 
hereby  amended,  shall  be  paid  upon  vouchers  to  be  furnished 
by  said  commissioners  and  otherwise,  as  provided  in  said  sec- 
tion. Said  commissioners  shall  also  be  entitled  to  receive  a 
reasonable  compensation  for  the  services  which  have  been  ren- 
dered by  them,  which  may  have  been,  or  which  shall  be,  deter- 
mined on  their  application  in  the  manner  provided  for  in  said 
section.  The  comptroller,  or  other  chief  financial  officer  of 
said  city,  is  hereby  authorized  and  directed  to  issue  and  sell 
revenue  bonds  of  such  city  in  anticipation  of  the  receipt  of 
taxes,  and  out  of  the  proceeds  of  such  bonds  to  pay  said  com- 
pensation so  ascertained  and  determined,  and  the  amount 
necessary  to  pay  the  principal  and  interest  of  said  bonds  shall 
be  included  in  the  tax  levy  of  said  city  for  the  year  next  fol- 
lowing the  issue  and  sale  of  the  same.  {New  section.  Laws 
1894,  c/i.  752,  ^  11. 

§  12.  The  said  board  of  rapid  transit  railway  commissioners 
shall  cause  the  question  whether  such  railway  or  railways  shall 
be  constructed  by  the  city  and  at  the  public  expense,  to  be 
submitted  to  the  vote  of  the  qualified  electors  of  the  city 
within  which  such  railway  or  railways  is  or  are  to  be  con- 
structed, and  to  that  end  it  shall  be  the  duty  of  the  said 
board,  after  completion  of  the  detailed  plans  and  specifica- 
tions, as  required  by  the  act  hereby  amended,  at  least  thirty 
days  prior  to  the  next  general  election,  to  file  with  the  public 
officer  or  officers  within  the  county  in  which  such  city  is 
located,  who  may  be  charged  with  the  duty  of  printing  the 
ballots  to  be  used  at  such  election,  a  request  that  separate 
ballots  be  printed  and  supplied  to  such  electors,  one-halt  in 
number  of  which  shall  read  :  "  For  municipal  construction  of 
rapid  transit  road,"  and  the  other  half  in  number  of  said  bal- 
lots shall  read  :  "  Against  municipal  construction  of  rapid  tran- 
sit road."    Upon  such  request  being  so  filed,  such  ballots  shall 


60 


be  printed  and  supplied  to  such  electors  at  such  general  elec- 
tion, and  separate  ballot  boxes  shall  be  provided  for  the  recep- 
tion of  the  same  in  each  election  district  within  such  city,  and 
the  provisions  of  chapter  six  hundred  and  eighty  of  the  laws 
ot  eighteen  hundred  and  ninety-two,  entitled  "  An  act  in  rela- 
tion to  the  elections  constituting  chapter  six  of  the  general 
laws,"  and  any  act  or  acts  amendatory  thereof  or  supplemental 
thereto  shall  apply  thereto  as  far  as  the  nature  of  the  case  may 
allow.  No  ballot  which  may  be  provided  under  this  sectior 
shall  be  deemed  invalid  by  reason  of  any  error  in  dimensions, 
style  of  printing,  or  other  formal  defect,  or  through  having 
been  dep.osited  in  the  wrong  ballot  box,  but  all  of  such  ballots 
shall  be  canvassed  and  returned  as  if  such  formal  defect  ha 
not  existed,  or  as  if  they  had  been  deposited  in  the  box  pro 
vided  for  the  purpose.  Upon  the  canvass  of  such  votes  by 
the  board  of  county  canvassers  of  the  county  in  which  such 
city  is  located,  it  shall  be  the  duty  of  said  board  to  file  with 
the  county  clerk  of  said  county  a  statement  which  shall  de- 
clare the  total  number  of  votes  cast  in  said  city  "  for  municipal 
construction  of  rapid  transit  road,"  and  the  total  number  so 
cast  therein  "  against  municipal  construction  of  rapid  transit 
road."  And  the  said  railway  or  railways  shall  be  constructed 
by  the  said  city  and  at  the  public  expense,  if  it  shall  be  found 
from  such  statements  so  filed  that  there  is  a  majority  of  the 
votes  so  cast  in  favor  of  such  municipal  construction.  {New 
section,  Lazes  1894,  ck.  752,  §  12.) 

§  13.  In  case  the  majority  of  votes  cast  at  such  election 
shall  be  in  favor  of  such  municipal  construction  of  said  railway 
or  railways,  it  shall  be  the  duty  of  said  board  of  rapid  transit 
railway  commissioners  within  thirty  days  after  the  official 
•  declaration  of  the  said  vote  to  proceed  to  construct  the  said 
railway  or  railways,  and  to  make  and  let  all  contracts  required 
for  the  performance  of  the  work  necessary  to  be  done  and  per- 
formed in  and  about  the  construction  thereof.  All  such  con- 
tracts must,  before  execution,  be  approved  as  to  form  by  the 
counsel  to  the  corporation,  or  other  chief  legal  adviser  for  said 
city.    {Nciv  section,  Laws  1894,  c/i.  752,  $  13.) 


§  14.  This  act  shall  take  effect  immediately  ;  except  that 
the  building  of  said  road,  or  the  sale  of  the  franchises  as  pro- 
vided for  in  sections  seven  and  thirty-four  of  the  act  hereby 
amended,  as  so  amended,  is  postponed  until,  and  made  de- 
pendent upon,  the  determination  of  that  question  by  the  vote 
of  the  people  as  called  for  by  sections  twelve  and  thirteen  of 
his  act.    {New  section.  Laws  1894,  ch.  752,  §  14.) 


